Except as otherwise provided in this chapter, the following
words and phrases, when used in this chapter, shall have the
meanings respectively ascribed to them in this article:

(a) "Vehicle" means every device in, upon or by which any
person or property is or may be transported or drawn upon a
highway, excepting devices moved by human power or used exclusively
upon stationary rails or tracks.

(b) "Motor vehicle" means every vehicle which is self
propelled and every vehicle which is propelled by electric power
obtained from overhead trolley wires, but not operated upon rails.

(c) "Motorcycle" means every motor vehicle, including motor-
driven cycles and mopeds as defined in sections five and five-a,
article one, chapter seventeen-c of this code, having a saddle for
the use of the rider and designed to travel on not more than three
wheels in contact with the ground, but excluding a tractor.

(d) "School bus" means every motor vehicle owned by a public
governmental agency and operated for the transportation of children
to or from school or privately owned and operated for compensation
for the transportation of children to or from school.

(e) "Bus" means every motor vehicle designed to carry more
than seven passengers and used to transport persons; and every
motor vehicle, other than a taxicab, designed and used to transport
persons for compensation.

(f) "Truck tractor" means every motor vehicle designed and
used primarily for drawing other vehicles and not so constructed as
to carry a load other than a part of the weight of the vehicle and
load so drawn.

(g) "Farm tractor" means every motor vehicle designed and used
primarily as a farm implement for drawing plows, mowing machines
and other implements of husbandry.

(h) "Road tractor" means every motor vehicle designed, used or
maintained for drawing other vehicles and not so constructed as to
carry any load thereon either independently or any part of the
weight of a vehicle or load so drawn.

(i) "Truck" means every motor vehicle designed, used or
maintained primarily for the transportation of property.

(j) "Trailer" means every vehicle with or without motive power
designed for carrying persons or property and for being drawn by a
motor vehicle and so constructed that no part of its weight rests
upon the towing vehicle, but excluding recreational vehicles.

(k) "Semitrailer" means every vehicle with or without motive
power designed for carrying persons or property and for being drawn
by a motor vehicle and so constructed that some part of its weight
and that of its load rests upon or is carried by another vehicle.

(l) "Pole trailer" means every vehicle without motive power
designed to be drawn by another vehicle and attached to the towing
vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle and ordinarily used for
transporting long or irregularly shaped loads such as poles, pipes
or structural members capable, generally, of sustaining themselves
as beams between the supporting connections.

(m) "Specially constructed vehicles" means every vehicle of a
type required to be registered hereunder not originally constructed
under a distinctive name, make, model or type by a generally
recognized manufacturer of vehicles and not materially altered from
its original construction.

(n) "Reconstructed vehicle" means every vehicle of a type
required to be registered hereunder materially altered from its
original construction by the removal, addition or substitution of
essential parts, new or used.

(o) "Essential parts" means all integral and body parts of a
vehicle of a type required to be registered hereunder, the removal,
alteration or substitution of which would tend to conceal the
identity of the vehicle or substantially alter its appearance,
model, type or mode of operation.

(p) "Foreign vehicle" means every vehicle of a type required
to be registered hereunder brought into this state from another
state, territory or country other than in the ordinary course of
business by or through a manufacturer or dealer and not registered
in this state.

(q) "Implement of husbandry" means every vehicle which is designed for or adapted to agricultural purposes and used by the
owner thereof primarily in the conduct of his or her agricultural
operations, including, but not limited to, trucks used for spraying
trees and plants: Provided, That the vehicle may not be let for
hire at any time.

(r) "Special mobile equipment" means every self-propelled
vehicle not designed or used primarily for the transportation of
persons or property and incidentally operated or moved over the
highways, including, without limitation, road construction or
maintenance machinery, ditch-digging apparatus, stone crushers, air
compressors, power shovels, graders, rollers, well drillers, wood-
sawing equipment, asphalt spreaders, bituminous mixers, bucket
loaders, ditchers, leveling graders, finishing machines, motor
graders, road rollers, scarifiers, earth-moving carryalls,
scrapers, drag lines, rock-drilling equipment and earth-moving
equipment. The foregoing enumeration shall be deemed partial and
may not operate to exclude other such vehicles which are within the
general terms of this subdivision.

(s) "Pneumatic tire" means every tire in which compressed air
is designed to support the load.

(t) "Solid tire" means every tire of rubber or other resilient
material which does not depend upon compressed air for the support
of the load.

(u) "Metal tire" means every tire the surface of which in contact with the highway is wholly or partly of metal or other
hard, nonresilient material.

(v) "Commissioner" means the Commissioner of Motor Vehicles of
this state.

(w) "Division" means the Division of Motor Vehicles of this
state acting directly or through its duly authorized officers and
agents.

(y) "Owner" means a person who holds the legal title to a
vehicle, or in the event a vehicle is the subject of an agreement
for the conditional sale or lease thereof with the right of
purchase upon performance of the conditions stated in the agreement
and with an immediate right of possession vested in the conditional
vendee or lessee, or in the event a mortgagor of a vehicle is
entitled to possession, then the conditional vendee or lessee or
mortgagor shall be deemed the owner for the purpose of this
chapter.

(z) "Nonresident" means every person who is not a resident of
this state.

(aa) "Dealer" or "dealers" is a general term meaning,
depending upon the context in which used, either a new motor
vehicle dealer, used motor vehicle dealer, factory-built home
dealer, recreational vehicle dealer, trailer dealer or motorcycle dealer, as defined in section one, article six of this chapter, or
all of the dealers or a combination thereof and, in some instances,
a new motor vehicle dealer or dealers in another state.

(bb) "Registered dealer" or "registered dealers" is a general
term meaning, depending upon the context in which used, either a
new motor vehicle dealer, used motor vehicle dealer, house trailer
dealer, trailer dealer, recreational vehicle dealer or motorcycle
dealer, or all of the dealers or a combination thereof, licensed
under the provisions of article six of this chapter.

(cc) "Licensed dealer" or "licensed dealers" is a general term
meaning, depending upon the context in which used, either a new
motor vehicle dealer, used motor vehicle dealer, house trailer
dealer, trailer dealer, recreational vehicle dealer or motorcycle
dealer, or all of the dealers or a combination thereof, licensed
under the provisions of article six of this chapter.

(dd) "Transporter" means every person engaged in the business
of delivering vehicles of a type required to be registered
hereunder from a manufacturing, assembling or distributing plant to
dealers or sales agents of a manufacturer.

(ee) "Manufacturer" means every person engaged in the business
of constructing or assembling vehicles of a type required to be
registered hereunder at a place of business in this state which is
actually occupied either continuously or at regular periods by the
manufacturer where his or her books and records are kept and a large share of his or her business is transacted.

(ff) "Street" or "highway" means the entire width between
boundary lines of every way publicly maintained when any part
thereof is open to the use of the public for purposes of vehicular
travel.

(gg) "Motorboat" means any vessel propelled by an electrical,
steam, gas, diesel or other fuel-propelled or -driven motor,
whether or not the motor is the principal source of propulsion, but
may not include a vessel which has a valid marine document issued
by the bureau of customs of the United States government or any
federal agency successor thereto.

(hh) "Motorboat trailer" means every vehicle designed for or
ordinarily used for the transportation of a motorboat.

(ii) "All-terrain vehicle" (ATV) means any motor vehicle
designed for off-highway use and designed to travel on not less
than three low-pressure or nonhighway tires, is fifty inches or
less in width and intended by the manufacturer to be used by a
single operator or is specifically designed by the manufacturer
with seating for each passenger. "All-terrain vehicle" and "ATV"
does not include mini trucks, golf carts, riding lawnmowers or
tractors.

(jj) "Travel trailer" means every vehicle, mounted on wheels,
designed to provide temporary living quarters for recreational,
camping or travel use of such size or weight as not to require special highway movement permits when towed by a motor vehicle and
of gross trailer area less than four hundred square feet.

(kk) "Fold-down camping trailer" means every vehicle
consisting of a portable unit mounted on wheels and constructed
with collapsible partial sidewalls which fold for towing by another
vehicle and unfold at the camp site to provide temporary living
quarters for recreational, camping or travel use.

(ll) "Motor home" means every vehicle, designed to provide
temporary living quarters, built into an integral part of or
permanently attached to a self-propelled motor vehicle, chassis or
van including: (1) Type A motor home built on an incomplete truck
chassis with the truck cab constructed by the second stage
manufacturer; (2) Type B motor home consisting of a van-type
vehicle which has been altered to provide temporary living
quarters; and (3) Type C motor home built on an incomplete van or
truck chassis with a cab constructed by the chassis manufacturer.

(mm) "Snowmobile" means a self-propelled vehicle intended for
travel primarily on snow and driven by a track or tracks in contact
with the snow and steered by a ski or skis in contact with the
snow.

(oo) "Mobile equipment" means every self-propelled vehicle not designed or used primarily for the transportation of persons or
property over the highway but which may infrequently or
incidentally travel over the highways among job sites, equipment
storage sites or repair sites, including farm equipment, implements
of husbandry, well drillers, cranes and wood-sawing equipment.
(pp) "Factory-built home" includes mobile homes, house
trailers and manufactured homes.

(qq) "Manufactured home" has the same meaning as the term is
defined in section two, article nine, chapter twenty-one of this
code which meets the federal Manufactured Housing Construction and
Safety Standards Act of 1974 (42 U. S. C.§5401, et seq.), effective
on June 15, 1976, and the federal manufactured home construction
and safety standards and regulations promulgated by the Secretary
of the United States Department of Housing and Urban Development.

(rr) "Mobile home" means a transportable structure that is
wholly, or in substantial part, made, fabricated, formed or
assembled in manufacturing facilities for installation or assembly
and installation on a building site and designed for long-term
residential use and built prior to enactment of the federal
Manufactured Housing Construction and Safety Standards Act of 1974
(42 U. S. C.§5401, et seq.), effective on June 15, 1976, and
usually built to the voluntary industry standard of the American
National Standards Institute (ANSI) -- A119.1 standards for mobile
homes.

(ss) "House trailers" means all trailers designed and used for
human occupancy on a continual nonrecreational basis, but may not
include fold-down camping and travel trailers, mobile homes or
manufactured homes.

(tt) "Parking enforcement vehicle" means a motor vehicle which
does not fit into any other classification of vehicle in this
chapter, has three or four wheels and is designed for use in an
incorporated municipality by a city, county, state or other
governmental entity primarily for parking enforcement or other
governmental purposes with an operator area with sides permanently
enclosed with rigid construction and a top which may be
convertible, sealed beam headlights, turn signals, brake lights,
horn, at least one rearview mirror on each side and such other
equipment that will enable it to pass a standard motorcycle vehicle
inspection.

(uu) "Low-speed vehicle" means a four-wheeled motor vehicle
whose attainable speed in one mile on a paved level surface is more
than twenty miles per hour but not more than twenty-five miles per
hour.

(vv) "Utility terrain vehicle" means any motor vehicle with
four or more low-pressure or nonhighway tires designed for off-
highway use and is greater than fifty inches in width. "Utility
terrain vehicle" does not include mini trucks, golf carts, riding
lawnmowers or tractors.

WVC 17 A- 2 -
ARTICLE 2. DIVISION OF MOTOR VEHICLES.

WVC 17 A- 2 - 1
§17A-2-1. Department continued.
The department of the government of this state, known as the
department of motor vehicles, heretofore created, shall be
continued.

WVC 17 A- 2 - 2
§17A-2-2. Commissioner of motor vehicles -- Office created; term;
to devote entire time to duties.
The department of motor vehicles shall be directed by an
executive officer to be designated as the commissioner of motor
vehicles, who shall be appointed by the governor, with the advice
and consent of the Senate for a term of four years. The first
appointment made hereunder shall be for a four-year term to
commence on the first day of July, one thousand nine hundred
fifty-one. The commissioner shall devote his entire time to the
duties of his office.

WVC 17 A- 2 - 3
§17A-2-3. Commissioner of motor vehicles -- Qualifications; not
to hold other office.
The commissioner at the time of his appointment and
qualification shall be a citizen of the United States and a
resident of the state of West Virginia, shall have been a
qualified voter in the state for a period of at least one year
next preceding his appointment, and shall be not less than thirty
years of age. No commissioner during his period of service as
such shall hold any other office under the laws of this state or
of the United States.

WVC 17 A- 2 - 4
§17A-2-4. Same -- Vacancy in office.
All vacancies in the office of the commissioner that occur
while the Legislature is not in session shall be filled by
appointment by the governor, which appointment shall expire at
the end of thirty days after the date of which the Legislature
next convenes. Prior to the expiration of the thirty days the
governor shall transmit to the Senate for its approval an
appointment for the unexpired portion of the regular term.
Vacancies occurring during a session of the Legislature shall be
filled as regular appointments before the end of the session and
for the unexpired portion of the regular term.

WVC 17 A- 2 - 5
§17A-2-5. Commissioner of motor vehicles -- Oath and bond.
The commissioner before entering upon the duties of his
office shall take and subscribe to the oath prescribed by the
constitution. He shall also execute a bond in the penalty of
twenty-five thousand dollars, conditioned according to law, and
approved by the governor. The cost of such bond shall be borne by
the department as a part of the operating cost of the department.
The bond and the oath shall be filed with the secretary of state.

WVC 17 A- 2 - 6
§17A-2-6. Commissioner of motor vehicles -- Salary and expenses.
The commissioner shall receive a salary of seven thousand
dollars and the necessary traveling expenses incident to the
performance of his duties. Requisition for traveling expenses
shall be accompanied by a sworn and itemized statement which
shall be filed with the auditor and permanently preserved as a
public record.

WVC 17 A- 2 - 7
§17A-2-7. Commissioner of motor vehicles -- Organization of
department; assistants and employees.
The commissioner shall organize the department in such
manner as he may deem necessary to properly segregate and conduct
the work of the department. The commissioner shall employ such
assistants and employees as may be necessary for the efficient
operation of his department, who shall possess all of the
qualifications which may from time to time be prescribed for such
positions by the commissioner. The duties and salaries of such
assistants and employees shall be fixed by the commissioner, who
shall have authority to remove any such assistant or employee at
his will and pleasure. The total compensation paid to assistants
and employees shall not exceed in any one year the appropriation
made by the Legislature for that purpose.

The commissioner shall require every employee who collects
fees or handles funds or who has custody of equipment and
supplies belonging to the state to take the constitutional oath
and give an official bond, with corporate surety, properly
conditioned and in a sum to be fixed by the commissioner, which
bond shall be approved by him and filed in the office of the
secretary of state. The cost of such bond shall be borne by the
department as a part of the operating cost of the department.

WVC 17 A- 2 - 8
§17A-2-8. Commissioner of motor vehicles -- Office.
The commissioner shall maintain an office in one of the
state capitol buildings and in such other places in the state as
he may deem necessary properly to carry out the powers and duties
vested in the department. The commissioner shall keep his
offices open at all reasonable times for the transaction of
public business.

WVC 17 A- 2 - 9
§17A-2-9. Same -- Powers and duties; rules; seal.
(a) The commissioner shall observe, administer and enforce the
provisions of this chapter and all laws the enforcement of which is
now or hereafter vested in the department: Provided, That nothing
in this chapter shall deprive the public service commission of West
Virginia of any of the duties or powers now vested in it with
regard to the regulation of motor vehicle carriers.

(b) The commissioner may adopt and enforce any rules that are
necessary to carry out the provisions of this chapter and any other
laws the enforcement and administration of which are vested in the
department.

(c) The commissioner may adopt an official seal for the use of
the department.

(d) The commissioner shall, in instances where division
personnel become aware of a possible or suspected violation of law
where enforcement jurisdiction would be that of the West Virginia
state police, communicate the violation to the state police.

WVC 17 A- 2 - 10
§17A-2-10. Motor vehicles commissioner -- Reciprocal agreements
with other states.
The motor vehicle commissioner in cooperation with the state
auditor, state road commissioner, the public service commission and
the superintendent of state police as appropriate may enter into
reciprocal agreements as he may deem proper or expedient with the
proper authorities of other states, jurisdictions or nations,
regulating the licensing of drivers and the use, on the roads and
highways of this state, of trucks, automobiles and any other
vehicles owned and duly licensed in other states, jurisdictions
or nations. The commissioner may enter into reciprocal agreements
under which the registration of vehicles owned in this state, and
the licenses of drivers residing in this state shall be recognized
by other states, jurisdictions or other nations.

WVC 17 A- 2 - 10 A
§17A-2-10a. Same -- Authorizing the entry of this state into

reciprocal proportional registration agreements;

payment of taxes; issuance of registration plates

or markers; promulgation of rules; interagency

cooperation; requirement that all registrants pay

tax; intermittent interstate commerce and

promulgation of rules; proportional registration

agreement prevails.
(a) The commissioner of motor vehicles is hereby authorized
and empowered to enter into reciprocal agreements on behalf of this
state with any jurisdiction which permits or requires the licensing
of motor vehicles in interstate or combined interstate and
intrastate commerce and the payment of taxes, registration,
licensing or other fees fixed by the motor vehicle commissioner,
pursuant to the execution of this article on an apportionment basis
commensurate with and determined by the miles traveled on public
roads and highways in that jurisdiction, as compared with the miles
traveled on public roads and highways in other jurisdictions or on
any other equitable basis of apportionment, and if that
jurisdiction exempts motor vehicles registered in other
jurisdictions under that apportionment basis from the requirements
of full payment of its own registration, license or other fixed
fees, the commissioner, by agreement may adopt the exemption as to
those motor vehicles, whether owned by residents or nonresidents of
this state and regardless of where the vehicles are registered.

(b) The agreements under any terms, conditions or restrictions
as the commissioner considers proper may provide that owners of
motor vehicles operated in interstate or combined interstate and
intrastate commerce in this state shall be permitted to pay
registration, license or other fees fixed on an apportionment
basis, commensurate with and determined by the miles traveled on
public roads and highways in this state as compared with the miles
traveled on public roads and highways in other jurisdictions or any
other equitable basis of apportionment. The agreements shall not
authorize or be construed as authorizing any motor vehicle so
registered to be operated without complying with the provisions of
chapter eleven and chapter twenty-four-a of this code.

(c) Pursuant to the provisions of this section, the
commissioner is expressly authorized and empowered to enter into
and become a member of the international registration plan or other
designation that may from time to time be given to the reciprocal
plan.

(d) The commissioner shall prescribe the substance, form,
color and context of any registration plate or marker issued under
the provisions of this section, each of which shall be visually
distinguishable from other registration plates or markers produced
by the division of motor vehicles.

(e) The commissioner is authorized to promulgate procedural
rules as may be necessary to carry out the provisions of any
agreements entered into pursuant to this section.

(f) The commissioner is authorized to collect and receive
funds under this article pursuant to the authority vested in him or
her under article six-g of chapter eleven of this code.

(g) The commissioner is hereby authorized and required to
share with the interstate commerce disclosure division of the
office of the state auditor any and all information acquired by the
division of motor vehicles pursuant to the implementation of this
article. The division shall provide to the interstate commerce
disclosure division, and the department of tax and revenue the name
of the location and amount paid by West Virginia owners or
operators of interstate motor vehicles registered under the
proportional registration agreement.

(h) For any other irregular, intermittent or temporary
interstate commerce activity, the division of motor vehicles is
hereby empowered to promulgate rules for the administration and
oversight thereof.

(i) Notwithstanding any other provision of the code to the
contrary, the requirements of the proportional assessment plan as
contained in article six-g, chapter eleven of this code, and the
provisions of this chapter, shall prevail in the event of any
conflict with any other portion of the code.

WVC 17 A- 2 - 11
§17A-2-11. Commissioner of motor vehicles -- Delegation of powers
and duties.
All powers and duties vested in the commissioner, except the
power to sign contracts and make rules and regulations, may be
exercised by the appointees or employees of the commissioner,
under his direction; but the commissioner shall be responsible
for their acts.

WVC 17 A- 2 - 12
§17A-2-12. Commissioner of motor vehicles -- Commissioner to
prescribe forms.
The commissioner shall prescribe and provide suitable forms
of applications, certificates of title, registration cards,
operators' and chauffeurs' licenses, and all other forms
requisite or deemed necessary to carry out the provisions of this
chapter and any other laws, the enforcement and administration of
which are vested in the department.

(a) Officers and employees of the division designated by the
commissioner are, for the purpose of administering the motor
vehicle laws, authorized to administer oaths and acknowledge
signatures, and shall do so without fee.

(b) The commissioner and such officers of the division as he
or she may designate are hereby authorized to prepare under the
seal of the division and deliver upon request in conformance with
article two-a of this chapter a certified copy of any record of the
division, charging a fee of one dollar for each document so
authenticated, and every such certified copy is admissible in any
proceeding in any court in like manner as the original thereof.

(c) Subject to the provisions of article two-a of this
chapter, the commissioner and such officers of the division as he
or she may designate may furnish the requested information to any
person making a written request for information regarding the
registration of any vehicle at a fee of one dollar for each
registration about which information is furnished.

WVC 17 A- 2 - 14
§17A-2-14. Destruction of records.

The commissioner may destroy any records of the division which
have been maintained on file for three years which he or she deems
obsolete and of no further service in carrying out the powers and
duties of the division: Provided, That where it is shown that both
parties to an accident have filed valid evidence of insurance, the
records relating thereto may be destroyed after a period of six
months.

WVC 17 A- 2 - 15
§17A-2-15. Examination, granting and rejection of applications.
The department shall examine and determine the genuineness,
regularity, and legality of every application for registration of
a vehicle, for a certificate of title therefor, and for an
operator's or chauffeur's license and of any other application
lawfully made to the department, and may in all cases make such
investigation as may be deemed necessary or require additional
information, and shall reject any such application if not
satisfied of the genuineness, regularity, or legality thereof or
the truth of any statement contained therein, or for any other
reason, when authorized by law.

WVC 17 A- 2 - 16
§17A-2-16. Cancellation, suspension, seizure, etc., of documents
and plates.
The department is hereby authorized to take possession of
any certificate of title, registration card, permit, license, or
registration plate issued by it upon expiration, revocation,
cancellation, or suspension thereof, or which is fictitious, or
which has been unlawfully or erroneously issued.

When the department determines that the required fee for the
issuance by the department of any registration card, permit,
license or registration plate, or the required tax imposed by
section four of article three of this chapter, has not been paid
and shall not be paid upon reasonable notice and demand, the
commissioner is authorized and empowered to cancel or suspend or
revoke, as he shall deem appropriate, any and all registration
cards, permits, operator's and chauffeur's licenses, and
registration plate or plates, issued to the person, firm or
corporation by whom or on whose account any such fee or tax shall
have been so determined to remain unpaid after such reasonable
notice and demand.

WVC 17 A- 2 - 17
§17A-2-17. Distribution of synopsis of motor vehicle laws.
The department shall prepare in pamphlet form a synopsis or
summary of the laws of this state regulating the operation of
vehicles and shall deliver a copy thereof without charge with
each original vehicle registration and with each original
operator's or chauffeur's license, and to any other citizen of
the state upon application.

WVC 17 A- 2 - 18
§17A-2-18. Department may summon witnesses and take testimony.
(a) The commissioner and officers of the department
designated by him shall have authority to summon witnesses to
give testimony under oath or to give written deposition upon any
matter under the jurisdiction of the department. Such summons
may require the production of relevant books, papers, or records.

(b) Every such summons shall be served at least five days
before the return date, either by personal service made by any
person over eighteen years of age or by registered mail, but
return acknowledgment is required to prove such latter service.
Failure to obey such a summons so served shall constitute a
misdemeanor. The fees for the attendance and travel of witnesses
shall be the same as for witnesses before the circuit court.

(c) Any circuit court shall have jurisdiction, upon
application by the commissioner, to enforce all lawful orders of
the commissioner under this section.

WVC 17 A- 2 - 19
§17A-2-19. Giving of notice.
Whenever the department is authorized or required to give
any notice under this chapter or other law regulating the
operation of vehicles, unless a different method of giving such
notice is otherwise expressly prescribed, such notice shall be
given either by personal delivery thereof to the person to be so
notified or by deposit in the United States mail of such notice
in an envelope with postage prepaid, addressed to such person at
his address as shown by the records of the department. The
giving of notice by mail is complete upon the expiration of four
days after such deposit of said notice. Proof of the giving of
notice in either such manner may be made by the certificate of
any officer or employee of the department or affidavit of any
person over eighteen years of age, naming the person to whom such
notice was given and specifying the time, place, and manner of
the giving thereof.

WVC 17 A- 2 - 20
§17A-2-20. Legal service rendered commissioner.
It shall be the duty of the attorney general of this state
and of his assistants and of the prosecuting attorneys of the
several counties, to render to the commissioner, without
additional compensation, such legal services as he shall require
of them in the discharge of his duties under the provisions of
this chapter.

WVC 17 A- 2 - 21
§17A-2-21. Motor Vehicle Fees Fund.
Effective the first day of July, two thousand seven, there is
hereby created a special revenue account within the State Treasury
to be known as the Motor Vehicle Fees Fund which shall consist of
moneys paid into the account in accordance with other provisions of
this code and any additional sums appropriated by the Legislature.
All other taxes and fees imposed and collected under the provisions
of this chapter shall be paid to the State Treasurer in the manner
provided by law and credited to the State Road Fund.

WVC 17 A- 2 - 22
§17A-2-22. Administrative expense.
The expense of the administration of the motor vehicle
department shall be appropriated for that purpose from the state
road funds.

WVC 17 A- 2 - 23
§17A-2-23. Worthless checks tendered for fees and taxes; penalty.
If a check tendered to the Division of Motor Vehicles is
returned to the division unpaid for any reason, there shall be a
penalty of ten dollars to be paid to the division in addition to
the amount due the division. This penalty applies to checks
tendered for any fee or tax authorized to be collected by the
division and is in addition to any other penalties imposed in this
code: Provided, That in the event a specific penalty is set forth
for the nonpayment or late payment of fees and taxes, the penalty
set forth in this section applies only to the extent that the
penalty exceeds any specific penalty for nonpayment or late
payment.

WVC 17 A- 2 A- 2
§17A-2A-2. Statement of intent and purpose.
The purpose of this article is to implement the federal
Driver's Protection Act of 1994 (Title XXX of Public Law 103-322)
in order to protect the interest of individuals in their personal
privacy by prohibiting the disclosure and use of personal
information contained in their motor vehicle record, except as
authorized by the individual or by law.

WVC 17 A- 2 A- 3
§17A-2A-3. Definitions.
As used in this article:

(a) "Division" means the division of motor vehicles;

(b) "Disclose" means to make available or make known
information contained in a motor vehicle record to any person,
organization or entity;

(c) "Individual record" is a motor vehicle record which
contains personal information about a designated person who is the
subject of the record as identified in a request;

(d) "Motor vehicle record" means any record that pertains to
a motor vehicle operator's or driver's license or permit, a motor
vehicle registration, a motor vehicle title or an identification
document issued by the division of motor vehicles or other state or
local agency authorized to issue any such form of credential;

(e) "Person" means an individual, organization or entity, but
does not include the state or an agency thereof;

(f) "Personal information" means information that identifies
a person, including his or her photograph or computerized image,
social security number, driver identification number, name, address
excluding the five-digit zip code, telephone number and medical or
disability information. Personal information does not include
information on vehicle accidents, driving or equipment related
violations and driver's license or registration status;

WVC 17 A- 2 A- 4
§17A-2A-4. Prohibition on disclosure and use of personal
information from motor vehicles records.
Notwithstanding any other provision of law to the contrary,
and except as provided in sections five through eight, both
inclusive, of this article, the division, and any officer,
employee, agent or contractor thereof may not disclose any personal
information obtained by the division in connection with a motor
vehicle record. Notwithstanding the provisions of this article or
any other provision of law to the contrary, finger images obtained
and stored by the division of motor vehicles as part of the
driver's licensing process may not be disclosed to any person or
used for any purpose other than the processing and issuance of
driver's licenses and associated legal action unless the disclosure
or other use is expressly authorized by this code. Notwithstanding
the provisions of this article or any other provision of law to the
contrary, an individual's photograph or image, social security
number, and medical or disability information shall not be
disclosed pursuant to West Virginia Code §17A-2A-7(2),(3), (5),
(7), (8), (10) and (11), without the express written consent of the
person to whom such information applies.

WVC 17 A- 2 A- 5
§17A-2A-5. Required disclosures.
Personal information as defined in section three of this
article shall be disclosed for use in connection with matters of
motor vehicles or driver safety and theft, motor vehicle emissions,
motor vehicle product alterations, recalls or advisories,
performance monitoring of motor vehicles and dealers by motor
vehicle manufacturers and removal of nonowner records from the
original owner records of motor vehicle manufacturers to carry out
the purposes of the federal Automobile Information and Disclosure
Act, "Public Law 85-506" (15 U.S.C. 1231 et seq.), the Motor
Vehicle Information and Cost Saving Act, "Public Law 92-513" (15
U.S.C. 1901 et seq.), the National Traffic and Motor Vehicle Safety
Act of 1966, "Public Law 89-563" (U.S.C. 1381 et seq.), the Anti
Car Theft Act of 1992, "Public Law 102-519" (15 U.S.C. 2021 et
seq.) and the Clean Air Act, "Public Law 88-206" (42 U.S.C. 7401 et
seq.), as amended, and all statutes and agency compliance with, the
said acts of the Congress of the United States.

WVC 17 A- 2 A- 6
§17A-2A-6. Disclosure with consent.
Personal information as defined in section three of this
article shall be disclosed upon request if the person making the
request demonstrates in such form and manner as the department
prescribes that he or she has obtained the written consent of the
person who is the subject of the information.

WVC 17 A- 2 A- 7
§17A-2A-7. Permitted disclosures.
The division or its designee shall disclose personal
information as defined in section three of this article to any
person who requests the information if the person: (a) Has proof
of his or her identity; and (b) verifies that the use of the
personal information will be strictly limited to one or more of the
following:

(1) For use by any governmental agency, including any court or
law-enforcement agency, in carrying out its functions, or any
private person or entity acting on behalf of a governmental agency
in carrying out its functions;

(2) For use in connection with matters of motor vehicle or
driver safety and theft, motor vehicle product alterations, recalls
or advisories, performance monitoring of motor vehicles, motor
vehicle parts and dealers, motor vehicle market research activities
including survey research and removal of nonowner records from the
original owner records of motor vehicle manufacturers;

(3) For use in the normal course of business by a legitimate
business or its agents, employees or contractors:

(A) For the purpose of verifying the accuracy of personal
information submitted by the individual to the business or its
agents, employees or contractors; and

(B) If the information as submitted is not correct or is no
longer correct, to obtain the correct information, but only for the
purposes of preventing fraud by, pursuing legal remedies against or recovering on a debt or security interest against the individual;

(4) For use in conjunction with any civil, criminal,
administrative or arbitral proceeding in any court or governmental
agency or before any self-regulatory body, including the service of
process, the execution or enforcement of judgments and orders or
pursuant to an order of any court;

(5) For use in research and producing statistical reports, so
long as the personal information is not published, redisclosed or
used to contact individuals;

(6) For use by any insurer or insurance support organization
or by a self-insured entity, its agents, employees or contractors
in connection with claim investigation activities, antifraud
activities, rating or underwriting;

(7) For use in providing notice to the owners of towed or
impounded vehicles;

(8) For use by any licensed private investigator agency or
licensed security service for any purpose permitted under this
section;

(9) For use by an employer or its agent or insurer to obtain
or verify information relating to a holder of a commercial driver's
license that is required under the Commercial Motor Vehicle Safety
Act of 1986 (49 U.S.C. App. 2710 et seq.);

(10) For use in connection with the operation of private toll
transportation facilities; and

(11) For any other use specifically authorized by law that is related to the operation of a motor vehicle or public safety.

WVC 17 A- 2 A- 8
§17A-2A-8.
Repealed.

Acts, 2001 Reg. Sess., Ch. 200.

WVC 17 A- 2 A- 9
§17A-2A-9. Fees.
Any person making a request for disclosure of personal
information required or permitted under sections five through eight
of this article, both inclusive, shall pay to the division all
reasonable fees related to providing the information: Provided,
That all fees under this section shall be set by legislative rule
pursuant to article three, chapter twenty-nine-a of this code.

WVC 17 A- 2 A- 10
§17A-2A-10. Additional conditions.
Prior to disclosing personal information the division may
require the person making the request to: (a) Verify his or her
identity; (b) verify that the information will be used only as
authorized, or that the consent of the person who is the subject of
the information has been obtained; and (c) make and file a written
application in such form and containing certification requirements
as the division may prescribe.

WVC 17 A- 2 A- 11
§17A-2A-11. Resale or redisclosure.
(a) An authorized recipient of personal information may resell
or redisclose the information for any use permitted under section
seven.

(b) Any authorized recipient who resells or rediscloses
personal information shall: (1) Maintain for a period of not less
than five years, records as to the person or entity receiving
information, and the permitted use for which it was obtained; (2)
make the records available for inspection by the division, upon
request; and (3) only be disseminated in accordance with express
consent obtained pursuant to section four of this article.

WVC 17 A- 2 A- 12
§17A-2A-12. Rules.
The division may promulgate rules in accordance with the
provisions of chapter twenty-nine-a of this code to carry out the
purposes of this article.

WVC 17 A- 2 A- 13
§17A-2A-13. Penalty for false representation.
Any person who requests the disclosure of personal information
from division records and misrepresents his or her identity or
makes a false statement on any application required by the division
pursuant to this article is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than one thousand
dollars or confined in jail for not more than one year, or both
fined and confined.

(a) The Legislature finds that responsibility for delivery of
government services and the enforcement of laws pertaining to the
motor carrier industry currently resides in several state agencies,
divisions and departments including the Division of Motor Vehicles,
Public Service Commission, Division of Highways, State Tax
Department and the State Police. The Division of Motor Vehicles
currently administers numerous provisions of this code relating to
the regulation of the motor carrier industry in this state,
including chapter seventeen-a of this code, which prescribes the
process for titling and registration of all motor vehicles, the
provisions for commercial drivers licenses set forth in chapter
seventeen-b of this code, and has numerous other responsibilities
relating to the motor carrier industry. The Division of Motor
Vehicles also has significant interaction with the various federal
agencies and other state agencies responsible for the
administration of government functions relative to the industry.
It further appears to the Legislature that a significant portion of
the responsibility, in terms of volume of transactions and its
database, routine contact with the industry and assignment of staff
pertaining to regulating the motor carrier industry, is currently
vested in the Division of Motor Vehicles. Therefore, the
Legislature finds that the Division of Motor Vehicles is the
appropriate agency to plan the consolidation of the administration
and enforcement of the various state laws pertaining to the motor
carrier industry.

(b) The Legislature further finds that it is very cumbersome and onerous for motor carrier business entities to obtain the
necessary permits, licenses and file the necessary returns, reports
and other documents through numerous state agencies whose offices
are scattered both geographically and administratively throughout
state government. The lack of centralization of these various state
agencies also results in the redundancy of information provided by
motor carrier entities to the various state agencies. The
Legislature further finds that the lack of centralization of these
government functions does not encourage the growth and success of
this industry in the State.

(c) The Legislature further finds that it would be more cost
effective and efficient to both the state agencies and the motor
carrier industry to provide these services through consolidated
facilities, licensing and permitting processes and electronic
information and communication technologies.

(d) Therefore, it is the purpose of this article to facilitate
the consolidation of the administration of government services
pertaining to the motor carrier industry and to designate the
division as the lead agency in planning the consolidation of state
government services and enforcement of laws pertaining to the
regulation and taxation of the motor carrier industry.

WVC 17 A- 2 B- 2
§17A-2B-2.Development of plan of consolidation of government
services and regulation applicable to the motor
carrier industry.

(a) Notwithstanding any other provisions of this code to the
contrary, the Division of Motor Vehicles is authorized and
directed, and is designated the lead state agency to formulate and
develop a plan for the consolidation of state government services
and enforcement of laws pertaining to the regulation and taxation
of the motor carrier industry.

(b) (1) The Public Service Commission, Division of Highways,
State Tax Department and the State Police shall cooperate with the
division and provide information, aid and assistance as requested
by the division to plan the consolidation of state government
services and of enforcement of laws pertaining to the regulation
and taxation of the motor carrier industry.

(2) The division shall consult with these agencies and shall
solicit and use any applicable experience and expertise that can be
beneficial to the development of the plan of consolidation.

WVC 17 A- 2 B- 3
§17A-2B-3. Report to the Joint Committee on Government and
Finance.

(a) The Division of Motor Vehicles shall submit to the Joint
Committee on Government and Finance on or before December 1, 2012,
a report setting forth the plan for the consolidation of state
government services and of enforcement of laws pertaining to the
regulation and taxation of the motor carrier industry.

(b) The report shall make recommendations pertaining to
changes in laws, administration, personnel and procedure in the
provision of government services applicable to the motor carrier
industry and shall include drafts of recommended legislation
necessary to implement the proposed consolidation.

WVC 17 A- 3 - 1
§17A-3-1. Misdemeanor to violate provisions of article; penalty.
(a) It is unlawful for any person to drive or move or for an
owner knowingly to permit to be driven or moved upon any highway
any vehicle of a type required to be registered under this article
which is not registered or for which a certificate of title has not
been issued or applied for or for which the appropriate fee has not
been paid when and as required under this article, except as
otherwise permitted by the provisions of this chapter: Provided,
That in the event of the sale of a vehicle by a person other than
a registered dealer, the person purchasing the same may, for a
period of not more than ten days, operate such vehicle under the
registration of its previous owner and display the registration
thereof: Provided, however, That he or she shall have and display
on the demand of any proper officer the consent in writing of such
previous owner so to use such registration.

(b) Unless otherwise provided for in this article, any person
violating the provisions of this article is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not more than five
hundred dollars; and upon a second or subsequent conviction
thereof, shall be fined not more than five hundred dollars, or
confined in the county or regional jail not more than six months,
or both.

(a) Every owner of a motor vehicle, trailer or other vehicle,
shall, within thirty days after taking up residence in the state,
apply to the division and obtain registration and title for the
vehicle.

(b) For the purposes of this chapter there is a rebuttable
presumption that a natural person is a resident of this state if
any of the following elements exist including, but not limited to:

(1) The person is registered to vote in this state.

(2) The person enrolls the person's child to be educated in a
public elementary or secondary school in this state.

(3) The person is receiving public assistance from this state.

(4) The person resides or has continuously remained in this
state for a period exceeding thirty days except for infrequent or
brief absences.

(5) The person has accepted employment or engages in any
trade, profession, or occupation within this state, except that
this does not include a person who is commuting from the person's
residence in another state or whose employment is seasonal or
temporary, not exceeding ninety days.

(6) The person has filed for a homestead tax exemption on
property in this state.

"Resident" does not include a person who is attending a
college, university or other educational institution in this state,
if the person has a domicile in another state and has a valid
operator's license and vehicle registration issued by the state of
domicile. "Resident" also does not include members of the armed forces that are stationed in West Virginia providing that their
vehicles are properly registered in their state of residence or a
member of the armed forces stationed in another state or country
providing that their vehicles are properly registered in that state
or country.

A corporation, association, partnership, company or firm whose
principal place of business is located within this state is a
resident of this state.

The provisions of this section shall not apply to vehicles
registered under proportional registration agreement.

WVC 17 A- 3 - 2
§17A-3-2. Every motor vehicle, etc., subject to registration and
certificate of title provisions; exceptions.
(a) Every motor vehicle, trailer, semitrailer, pole trailer
and recreational vehicle when driven or moved upon a highway is
subject to the registration and certificate of title provisions of
this chapter except:

(1) Any vehicle driven or moved upon a highway in conformance
with the provisions of this chapter relating to manufacturers,
transporters, dealers, lienholders or nonresidents or under a
temporary registration permit issued by the division as authorized
under this chapter;

(2) Any implement of husbandry upon which is securely attached
a machine for spraying fruit trees and plants of the owner or
lessee or for any other implement of husbandry which is used
exclusively for agricultural or horticultural purposes on lands
owned or leased by the owner of the implement and which is not
operated on or over any public highway of this state for any other
purpose other than for the purpose of operating it across a highway
or along a highway other than an expressway as designated by the
commissioner of the division of highways from one point of the
owner's land to another part of the owner's land, irrespective of
whether or not the tracts adjoin: Provided, That the distance
between the points may not exceed thirty-five miles, or for the
purpose of taking it or other fixtures attached to the implement,
to and from a repair shop for repairs. The exemption in this subdivision from registration and license requirements also applies
to any vehicle described in this subsection or to any farm trailer
owned by the owner or lessee of the farm on which the trailer is
used, when the trailer is used by the owner of the trailer for the
purpose of moving farm produce and livestock from the farm along a
public highway for a distance not to exceed thirty-five miles to a
storage house or packing plant, when the use is a seasonal
operation:

(A) The exemptions contained in this section also apply to
farm machinery, tractors and mini-trucks: Provided, That the
machinery, tractors and mini-trucks may use the highways in going
from one tract of land to another tract of land regardless of
whether the land is owned by the same or different persons. For
the purposes of this section, mini-truck means a
foreign-manufactured import or domestic-manufactured vehicle
designed primarily for off-road use and powered by an engine
ranging in size from 550cc to 660cc and weighing approximately one
thousand eight hundred pounds;

(B) Any vehicle exempted under this subsection from the
requirements of annual registration certificate and license plates
and fees for the registration certificate and license plate may not
use the highways between sunset and sunrise unless the vehicle is
classified as a Class A motor vehicle with a farm-use exemption
under the provisions of section one, article ten of this chapter
and has a valid and current inspection sticker as required by the provisions of article sixteen, chapter seventeen-c of this code and
is traveling from one tract of land to another over a distance of
thirty-five miles or less;

(C) Any vehicle exempted under this section from the
requirements of annual registration certificate and license plates
may use the highways as provided in this section whether the exempt
vehicle is self-propelled, towed by another exempt vehicle or towed
by another vehicle required to be registered;

(D) Any vehicle used as an implement of husbandry exempt under
this section shall have the words "farm use" affixed to both sides
of the implement in ten-inch letters. Any vehicle which would be
subject to registration as a Class A or B vehicle if not exempted
by this section shall display a farm-use exemption certificate on
the lower driver's side of the windshield:

(i) The farm-use exemption certificate shall be provided by
the commissioner and shall be issued annually by the assessor of
the applicant's county of residence. The assessor shall issue a
farm-use exemption certificate to the applicant upon his or her
determination pursuant to an examination of the property books or
documentation provided by the applicant that the vehicle has been
properly assessed as Class I personal property. Nothing in this
section or any rule promulgated under the authority of chapter
twenty-nine-a of this code may be construed to require any
applicant for a renewal of a farm use exemption certificate to
appear personally before any assessor. The assessor shall charge a fee of two dollars for each certificate, which shall be retained
by the assessor;

(ii) A farm-use exemption certificate shall not exempt the
applicant from maintaining the security required by chapter
seventeen-d of this code on any vehicle being operated on the roads
or highways of this state;

(iii) No person charged with the offense of operating a
vehicle without a farm-use exemption certificate, if required under
this section, may be convicted of the offense if he or she produces
in court, or in the office of the arresting officer, a valid
farm-use exemption certificate for the vehicle in question within
five days;

(3) Any vehicle which is propelled exclusively by electric
power obtained from overhead trolley wires though not operated upon
rails;

(4) Any vehicle of a type subject to registration which is
owned by the government of the United States;

(5) Any wrecked or disabled vehicle towed by a licensed
wrecker or dealer on the public highways of this state;

(6) The following recreational vehicles are exempt from the
requirements of annual registration, license plates and fees,
unless otherwise specified by law, but are subject to the
certificate of title provisions of this chapter regardless of
highway use: Motorboats, all-terrain vehicles, utility terrain
vehicles and snowmobiles; and

(7) Any special mobile equipment as defined in subsection (r),
section one, article one of this chapter.

(b) Notwithstanding the provisions of subsection (a) of this
section:

(1) Mobile homes or manufactured homes are exempt from the
requirements of annual registration, license plates and fees;

(2) House trailers may be registered and licensed; and

(3) Factory-built homes are subject to the certificate of
title provisions of this chapter.

(c) The division shall title and register low-speed vehicles
if the manufacturer's certificate of origin clearly identifies the
vehicle as a low-speed vehicle. The division may not title or
register homemade low-speed vehicles or retrofitted golf carts and
such vehicles do not qualify as low-speed vehicles in this state.
In addition to all other motor vehicle laws and regulations, except
as specifically exempted below, low-speed vehicles are subject to
the following restrictions and requirements:

(1) Low-speed vehicles shall only be operated on private roads
and on public roads and streets within the corporate limits of a
municipality where the speed limit is not more than twenty-five
miles per hour;

(2) Notwithstanding any provisions in this code to the
contrary, low-speed vehicles shall meet the requirements of 49
C.F.R. §571.500 (2003);

(3) In lieu of annual inspection, the owner of a low-speed vehicle shall, upon initial application for registration and each
renewal thereafter, certify under penalty of false swearing, that
all lights, brakes, tires and seat belts are in good working
condition; and

(4) Any person operating a low-speed vehicle must hold a valid
driver's license, not an instruction permit.

WVC 17 A- 3 - 3
§17A-3-3. Application for registration; statement of insurance or
other proof of security to accompany application;
criminal penalties; fees; special revolving fund.
Every owner of a vehicle subject to registration under this
article shall make application to the division for the registration
of the vehicle upon the appropriate form or forms furnished by the
division and every application shall bear the signature of the
owner or his or her authorized agent, written with pen and ink, and
the application shall contain:

(a) The name, bona fide residence and mailing address of the
owner, the county in which he or she resides or business address of
the owner if a firm, association or corporation.

(b) A description of the vehicle including, insofar as the
data specified in this section may exist with respect to a given
vehicle, the make, model, type of body, the manufacturer's serial
or identification number or other number as determined by the
commissioner.

(c) In the event a motor vehicle is designed, constructed,
converted or rebuilt for the transportation of property, the
application shall include a statement of its declared gross weight
if the motor vehicle is to be used alone, or if the motor vehicle
is to be used in combination with other vehicles, the application
for registration of the motor vehicle shall include a statement of
the combined declared gross weight of the motor vehicle and the
vehicles to be drawn by the motor vehicle; declared gross weight being the weight declared by the owner to be the actual combined
weight of the vehicle or combination of vehicles and load when
carrying the maximum load which the owner intends to place on the
vehicle; and the application for registration of each vehicle shall
also include a statement of the distance between the first and last
axles of that vehicle or combination of vehicles.

The declared gross weight stated in the application may not
exceed the permissible gross weight for the axle spacing listed in
the application as determined by the table of permissible gross
weights contained in chapter seventeen-c of this code; and any
vehicle registered for a declared gross weight as stated in the
application is subject to the single-axle load limit set forth in
that chapter.

(d) Each applicant shall state whether the vehicle is or is
not to be used in the public transportation of passengers or
property, or both, for compensation and if used for compensation,
or to be used, the applicants shall certify that the vehicle is
used for compensation and shall, as a condition precedent to the
registration of the vehicle, obtain a certificate of convenience or
permit from the Public Service Commission unless otherwise exempt
from this requirement in accordance with chapter twenty-four-a of
this code.

(e) A statement under penalty of false swearing that liability
insurance is in effect and will continue to be in effect through
the entire term of the vehicle registration period within limits which may not be less than the requirement of section two, article
four, chapter seventeen-d of this code, which shall contain the
name and National Association of Insurance commissioners assigned
code of the applicant's insurer, the policy number, and any other
information required by the commissioner of Motor Vehicles or that
the applicant has qualified as a self-insurer meeting the
requirements of section two, article six of said chapter and that
as a self-insurer he or she has complied with the minimum security
requirements as established in section two, article four of that
chapter. If the commissioner determines that the required security
is not or was not in effect, he or she shall suspend the vehicle
owner's driver's license and revoke the vehicle registration in
accordance with the provisions of article two-a, chapter
seventeen-d of this code.

If any person making an application required under the
provisions of this section, in the application knowingly provides
false information, false proof of security or a false statement of
insurance, or if any person, including an applicant's insurance
agent, knowingly counsels, advises, aids or abets another in
providing false information, false proof of security, or a false
statement of insurance in the application he or she is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than five hundred dollars, or be imprisoned in jail for a period
not to exceed fifteen days, or both fined and imprisoned and, in
addition to the fine or imprisonment, shall have his or her driver's license suspended for a period of ninety days and vehicle
registration revoked if applicable.

(f) Any further information that is reasonably required by the
division to enable it to determine whether the vehicle is lawfully
entitled to registration.

(g) Each application for registration shall be accompanied by
the fees provided in this article and an additional fee of fifty
cents for each motor vehicle for which the applicant seeks
registration.

(h) Revocation of a motor vehicle registration pursuant to
this section does not affect the perfection or priority of a lien
or security interest attaching to the motor vehicle that is noted
on the certificate of title to the motor vehicle.

WVC 17 A- 3 - 3 A
§17A-3-3a. Payment of personal property taxes and emergency
ambulance fees prerequisite to registration or
renewal; duties of assessors; schedule of
automobile values.
(a) Certificates of registration and renewal of registration
of any vehicle or registration plates for any vehicle may not be
issued or furnished by the Division of Motor Vehicles, or any other
officer charged with the duty, unless the applicant for the
certificate or registration plate, except an applicant exempt from
payment of registration fees under section eight, article ten of
this chapter, has furnished the receipt provided in this section or
the division has received verification by electronic means to show
full payment of:

(1) The personal property taxes for the current calender year
or the calendar year which immediately precedes the calendar year
in which application is made on all vehicles which were registered
with the Division of Motor Vehicles in the applicant`s name on the
tax day for the former calendar year; and

(2) All emergency ambulance fees owed pursuant to section
seventeen, article fifteen, chapter seven of this code at the time
the receipt is prepared, except for any of the fees that are not
yet past due: Provided, That any county which does not impose
emergency ambulance fees or which chooses not to show emergency
ambulance fees on the personal property tax receipt may issue a
receipt without complying with this subdivision and the Commissioner of Motor Vehicles may issue or renew registration
without regard to such fees.

(b) If the applicant contends that any registered vehicle was
not subject to personal property taxation for that year or that he
or she does not owe any emergency ambulance fees if a receipt for
fees are required by the county, he or she shall furnish the
information and evidence as the Commissioner of Motor Vehicles may
require to substantiate his or her contention.

(c) The assessor shall require any person having a duty to
make a return of property for taxation to him or her to furnish
information identifying each vehicle subject to the registration
provisions of this chapter. When the property taxes on any vehicle
have been paid, the officer to whom the payment was made shall
deliver to the person paying the taxes a written or printed receipt
for the payment and shall retain for his or her records a duplicate
of the receipt. It is the duty of the assessor and sheriff,
respectively, to see that the assessment records and the receipts
contain information adequately identifying the vehicle as
registered under the provisions of this chapter. The officer
receiving payment shall sign each receipt in his or her own
handwriting.

(d) Each receipt given to a taxpayer for payment of personal
property taxes on a vehicle may indicate on the receipt whether the
taxpayer has paid all emergency ambulance fees owed pursuant to
section seventeen, article fifteen, chapter seven of this code at the time the receipt is prepared, except for any of the fees that
are not yet past due: Provided, That each county shall include on
the same notice of personal property taxes due the additional
amount due for all emergency ambulance fees.

(e) The State Tax Commissioner shall annually compile a
schedule of automobile values based on the lowest values shown in
a nationally accepted used car guide. The State Tax Commissioner
shall furnish the schedule to each assessor and it shall be used by
him or her as a guide in placing the assessed values on all
automobiles in his or her county.

WVC 17 A- 3 - 3 B
§17A-3-3b. Motor vehicles believed illegally unregistered;
assessor to make verification.
If, on information and belief the assessor has reason to
believe that a motor vehicle has not been properly registered in
this state in violation of the provisions of section one of this
article, he or she shall give notice by posting on the vehicle a
notice advising the owner of the vehicle to contact the office of
the assessor within fifteen days to verify that the owner is not a
resident of the state of West Virginia. Factors to be considered
in determining whether or not such person is a resident of this
state include, but are not limited to, the following:

(1) The person is registered to vote in this state;

(2) The person enrolls the person's child or children to be
educated in an elementary or secondary school in this state or has
complied with applicable provisions of this code indicating an
intent to home school the person's child or children in this state;

(3) The person is receiving public assistance from this state;

(4) The person resides or has continuously remained in this
state for a period exceeding thirty days, except for infrequent
brief absences;

(5) The person has accepted employment or engages in any
trade, profession or occupation within this state, except that this
does not include a person who is commuting from the person's residence in another state or whose employment is seasonal or
temporary, not exceeding thirty days;

(6) The person has filed for a homestead tax exemption on
property in this state;

(7) The person subscribes to public utilities in this state in
his or her own name;

(8) The person receives his or her mail in this state pursuant
to verification from the United States postal service.

In the event the assessor receives no response from the
posting, the assessor will refer the matter to the prosecuting
attorney. If it is determined that the vehicle has not been
properly registered in this state, the owner of the vehicle is in
violation of the provisions of this article and the person will be
subject to the criminal sanctions contained in section one of this
article.

WVC 17 A- 3 - 4
§17A-3-4. Application for certificate of title; fees; abolishing
privilege tax; prohibition of issuance of certificate
of title without compliance with consumer sales and
service tax provisions; exceptions.
(a) Certificates of registration of any vehicle or
registration plates for the vehicle, whether original issues or
duplicates, may not be issued or furnished by the Division of Motor
Vehicles or any other officer or agent charged with the duty,
unless the applicant already has received, or at the same time
makes application for and is granted, an official certificate of
title of the vehicle in either an electronic or paper format. The
application shall be upon a blank form to be furnished by the
Division of Motor Vehicles and shall contain a full description of
the vehicle, which description shall contain a manufacturer's
serial or identification number or other number as determined by
the commissioner and any distinguishing marks, together with a
statement of the applicant's title and of any liens or encumbrances
upon the vehicle, the names and addresses of the holders of the
liens and any other information as the Division of Motor Vehicles
may require. The application shall be signed and sworn to by the
applicant. A duly certified copy of the division's electronic
record of a certificate of title is admissible in any civil,
criminal or administrative proceeding in this state as evidence of
ownership.

(b) A tax is imposed upon the privilege of effecting the certification of title of each vehicle in the amount equal to five
percent of the value of the motor vehicle at the time of the
certification, to be assessed as follows:

(1) If the vehicle is new, the actual purchase price or
consideration to the purchaser of the vehicle is the value of the
vehicle. If the vehicle is a used or secondhand vehicle, the
present market value at time of transfer or purchase is the value
of the vehicle for the purposes of this section: Provided, That so
much of the purchase price or consideration as is represented by
the exchange of other vehicles on which the tax imposed by this
section has been paid by the purchaser shall be deducted from the
total actual price or consideration paid for the vehicle, whether
the vehicle be new or secondhand. If the vehicle is acquired
through gift or by any manner whatsoever, unless specifically
exempted in this section, the present market value of the vehicle
at the time of the gift or transfer is the value of the vehicle for
the purposes of this section.

(2) No certificate of title for any vehicle may be issued to
any applicant unless the applicant has paid to the Division of
Motor Vehicles the tax imposed by this section which is five
percent of the true and actual value of the vehicle whether the
vehicle is acquired through purchase, by gift or by any other
manner whatsoever, except gifts between husband and wife or between
parents and children: Provided, That the husband or wife, or the
parents or children, previously have paid the tax on the vehicles transferred to the State of West Virginia.

(3) The Division of Motor Vehicles may issue a certificate of
registration and title to an applicant if the applicant provides
sufficient proof to the Division of Motor Vehicles that the
applicant has paid the taxes and fees required by this section to
a motor vehicle dealership that has gone out of business or has
filed bankruptcy proceedings in the United States bankruptcy court
and the taxes and fees so required to be paid by the applicant have
not been sent to the division by the motor vehicle dealership or
have been impounded due to the bankruptcy proceedings: Provided,
That the applicant makes an affidavit of the same and assigns all
rights to claims for money the applicant may have against the motor
vehicle dealership to the Division of Motor Vehicles.

(4) The Division of Motor Vehicles shall issue a certificate
of registration and title to an applicant without payment of the
tax imposed by this section if the applicant is a corporation,
partnership or limited liability company transferring the vehicle
to another corporation, partnership or limited liability company
when the entities involved in the transfer are members of the same
controlled group and the transferring entity has previously paid
the tax on the vehicle transferred. For the purposes of this
section, control means ownership, directly or indirectly, of stock
or equity interests possessing fifty percent or more of the total
combined voting power of all classes of the stock of a corporation
or equity interests of a partnership or limited liability company entitled to vote or ownership, directly or indirectly, of stock or
equity interests possessing fifty percent or more of the value of
the corporation, partnership or limited liability company.

(5) The tax imposed by this section does not apply to vehicles
to be registered as Class H vehicles or Class M vehicles, as
defined in section one, article ten of this chapter, which are used
or to be used in interstate commerce. Nor does the tax imposed by
this section apply to the titling of Class B vehicles registered at
a gross weight of fifty-five thousand pounds or more, or to the
titling of Class C semitrailers, full trailers, pole trailers and
converter gear: Provided, That if an owner of a vehicle has
previously titled the vehicle at a declared gross weight of
fifty-five thousand pounds or more and the title was issued without
the payment of the tax imposed by this section, then before the
owner may obtain registration for the vehicle at a gross weight
less than fifty-five thousand pounds, the owner shall surrender to
the commissioner the exempted registration, the exempted
certificate of title and pay the tax imposed by this section based
upon the current market value of the vehicle: Provided, however,
That notwithstanding the provisions of section nine, article
fifteen, chapter eleven of this code, the exemption from tax under
this section for Class B vehicles in excess of fifty-five thousand
pounds and Class C semitrailers, full trailers, pole trailers and
converter gear does not subject the sale or purchase of the
vehicles to the consumers sales and service tax.

(6) The tax imposed by this section does not apply to titling
of vehicles leased by residents of West Virginia. A tax is imposed
upon the monthly payments for the lease of any motor vehicle leased
by a resident of West Virginia, which tax is equal to five percent
of the amount of the monthly payment, applied to each payment, and
continuing for the entire term of the initial lease period. The
tax shall be remitted to the Division of Motor Vehicles on a
monthly basis by the lessor of the vehicle.

(7) The tax imposed by this section does not apply to titling
of vehicles by a registered dealer of this state for resale only,
nor does the tax imposed by this section apply to titling of
vehicles by this state or any political subdivision thereof, or by
any volunteer fire department or duly chartered rescue or ambulance
squad organized and incorporated under the laws of this state as a
nonprofit corporation for protection of life or property. The
total amount of revenue collected by reason of this tax shall be
paid into the State Road Fund and expended by the Commissioner of
Highways for matching federal funds allocated for West Virginia.
In addition to the tax, there is a charge of five dollars for each
original certificate of title or duplicate certificate of title so
issued: Provided, That this state or any political subdivision of
this state or any volunteer fire department or duly chartered
rescue squad is exempt from payment of the charge.

(8) The certificate is good for the life of the vehicle, so
long as the vehicle is owned or held by the original holder of the certificate and need not be renewed annually, or any other time,
except as provided in this section.

(9) If, by will or direct inheritance, a person becomes the
owner of a motor vehicle and the tax imposed by this section
previously has been paid to the Division of Motor Vehicles on that
vehicle, he or she is not required to pay the tax.

(10) A person who has paid the tax imposed by this section is
not required to pay the tax a second time for the same motor
vehicle, but is required to pay a charge of five dollars for the
certificate of retitle of that motor vehicle, except that the tax
shall be paid by the person when the title to the vehicle has been
transferred either in this or another state from the person to
another person and transferred back to the person.

(11) The tax imposed by this section does not apply to any
passenger vehicle offered for rent in the normal course of business
by a daily passenger rental car business as licensed under the
provisions of article six-d of this chapter. For purposes of this
section, a daily passenger car means a Class A motor vehicle having
a gross weight of eight thousand pounds or less and is registered
in this state or any other state. In lieu of the tax imposed by
this section, there is hereby imposed a tax of not less than one
dollar nor more than one dollar and fifty cents for each day or
part of the rental period. The commissioner shall propose an
emergency rule in accordance with the provisions of article three,
chapter twenty-nine-a of this code to establish this tax.

(12) The tax imposed by this article does not apply to the
titling of any vehicle purchased by a senior citizen service
organization which is exempt from the payment of income taxes under
the United States Internal Revenue Code, Title 26 U.S.C. §501(c)(3)
and which is recognized to be a bona fide senior citizen service
organization by the senior services bureau existing under the
provisions of article five, chapter sixteen of this code.

(13) The tax imposed by this section does not apply to the
titling of any vehicle operated by an urban mass transit authority
as defined in article twenty-seven, chapter eight of this code or
a nonprofit entity exempt from federal and state income tax under
the Internal Revenue Code and whose purpose is to provide mass
transportation to the public at large designed for the
transportation of persons and being operated for the transportation
of persons in the public interest.

(14) The tax imposed by this section does not apply to the
transfer of a title to a vehicle owned and titled in the name of a
resident of this state if the applicant:

(A) Was not a resident of this state at the time the applicant
purchased or otherwise acquired ownership of the vehicle;

(B) Presents evidence as the commissioner may require of
having titled the vehicle in the applicant's previous state of
residence;

(C) Has relocated to this state and can present such evidence
as the commissioner may require to show bona-fide residency in this state;

(D) Presents an affidavit, completed by the assessor of the
applicant's county of residence, establishing that the vehicle has
been properly reported and is on record in the office of the
assessor as personal property; and

(E) Makes application to the division for a title and
registration, and pays all other fees required by this chapter
within thirty days of establishing residency in this state as
prescribed in subsection (a), section one-a of this article:
Provided, That a period of amnesty of three months be established
by the commissioner during the calendar year two thousand seven,
during which time any resident of this state, having titled his or
her vehicle in a previous state of residence, may pay without
penalty any fees required by this chapter and transfer the title of
his or her vehicle in accordance with the provisions of this
section.

(c) Notwithstanding any provisions of this code to the
contrary, the owners of trailers, semitrailers, recreational
vehicles and other vehicles not subject to the certificate of title
tax prior to the enactment of this chapter are subject to the
privilege tax imposed by this section: Provided, That the
certification of title of any recreational vehicle owned by the
applicant on the thirtieth day of June, one thousand nine hundred
eighty-nine, is not subject to the tax imposed by this section:
Provided, however, That mobile homes, manufactured homes, modular homes and similar nonmotive propelled vehicles, except recreational
vehicles and house trailers, susceptible of being moved upon the
highways but primarily designed for habitation and occupancy,
rather than for transporting persons or property, or any vehicle
operated on a nonprofit basis and used exclusively for the
transportation of mentally retarded or physically handicapped
children when the application for certificate of registration for
the vehicle is accompanied by an affidavit stating that the vehicle
will be operated on a nonprofit basis and used exclusively for the
transportation of mentally retarded and physically handicapped
children, are not subject to the tax imposed by this section, but
are taxable under the provisions of articles fifteen and fifteen-a,
chapter eleven of this code.

(d) Beginning on the first of July, two thousand and eight,
the tax imposed under this subsection (b) of this section is
abolished and after that date no certificate of title for any motor
vehicle may be issued to any applicant unless the applicant
provides sufficient proof to the Division of Motor Vehicles that
the applicant has paid the fees required by this article and the
tax imposed under section three-b, article fifteen, chapter eleven
of this code.

(e) Any person making any affidavit required under any
provision of this section who knowingly swears falsely, or any
person who counsels, advises, aids or abets another in the
commission of false swearing, or any person, while acting as an agent of the Division of Motor Vehicles, issues a vehicle
registration without first collecting the fees and taxes or fails
to perform any other duty required by this chapter or chapter
eleven of this code to be performed before a vehicle registration
is issued is, on the first offense, guilty of a misdemeanor and,
upon conviction thereof, shall be fined not more than five hundred
dollars or be confined in jail for a period not to exceed six
months or, in the discretion of the court, both fined and confined.
For a second or any subsequent conviction within five years, that
person is guilty of a felony and, upon conviction thereof, shall be
fined not more than five thousand dollars or be imprisoned in a
state correctional facility for not less than one year nor more
than five years or, in the discretion of the court, both fined and
imprisoned.

(f) Notwithstanding any other provisions of this section, any
person in the military stationed outside West Virginia or his or
her dependents who possess a motor vehicle with valid registration
are exempt from the provisions of this article for a period of nine
months from the date the person returns to this state or the date
his or her dependent returns to this state, whichever is later.

(g) No person may transfer, purchase or sell a factory-built
home without a certificate of title issued by the commissioner in
accordance with the provisions of this article:

(1) Any person who fails to provide a certificate of title
upon the transfer, purchase or sale of a factory-built home is guilty of a misdemeanor and, upon conviction thereof, shall for the
first offense be fined not less than one hundred dollars nor more
than one thousand dollars, or be confined in jail for not more than
one year, or both fined and confined. For each subsequent offense,
the fine may be increased to not more than two thousand dollars,
with confinement in jail not more than one year, or both fined and
confined.

(2) Failure of the seller to transfer a certificate of title
upon sale or transfer of the factory-built home gives rise to a
cause of action, upon prosecution thereof, and allows for the
recovery of damages, costs and reasonable attorney fees.

(3) This subsection does not apply to a mobile or manufactured
home for which a certificate of title has been canceled pursuant to
section twelve-b of this article.

(h) Notwithstanding any other provision to the contrary,
whenever reference is made to the application for or issuance of
any title or the recordation or release of any lien, it includes
the application, transmission, recordation, transfer of ownership
and storage of information in an electronic format.

(i) Notwithstanding any other provision contained in this
section, nothing herein shall be considered to include modular
homes as defined in subsection (i), section two, article fifteen,
chapter thirty-seven of this code and built to the State Building
Code as established by legislative rules promulgated by the State
Fire Commission pursuant to section five-b, article three, chapter twenty-nine of this code.

WVC 17 A- 3 - 5
§17A-3-5. Application for specially constructed, reconstructed or
foreign vehicles or new vehicles purchased outside
this state.
(a) In the event the vehicle to be registered is specially
constructed, reconstructed, or a foreign vehicle, such fact shall
be stated in the application and with reference to every foreign
vehicle which has been registered heretofore outside of this
state the owner shall surrender to the department all
registration plates, registration cards, and certificates of
title or other evidence of such foreign registration as may be in
his possession or under his control except as provided in
subsection (b) hereof.

(b) Where in the course of interstate operation of a vehicle
registered in another state it is desirable to retain
registration of said vehicle in such other state, such applicant
need not surrender but shall submit for inspection said evidences
of such foreign registration and the department upon a proper
showing shall register said vehicle in this state but shall not
issue a certificate of title for such vehicle.

(c) In the event application for registration and
certificate of title is made for a new vehicle purchased from a
dealer outside this state, a certificate of title shall not be
issued for such vehicle nor shall such vehicle be registered by
the department unless and until such application shall be
accompanied by a certificate of title or a manufacturer's
certificate of origin, or if the state of purchase does not
require a certificate of title such application shall be accompanied by a manufacturer's certificate of origin,
accompanied by evidence that such seller is a bona fide dealer of
the state in which such vehicle was purchased.

The department in its discretion may grant a temporary permit
to operate a vehicle for which application for registration and
certificate of title has been made where such application is
accompanied by the proper fee, pending action upon said application
by the department.

WVC 17 A- 3 - 7
§17A-3-7. Grounds for refusing registration or certificate of
title.
The division shall refuse registration or issuance of a
certificate of title or any transfer of registration upon any of
the following grounds:

(1) That the application contains any false or fraudulent
statement or that the applicant has failed to furnish required
information or reasonable additional information requested by the
division or that the applicant is not entitled to the issuance of
a certificate of title or registration of the vehicle under this
chapter;

(2) That the applicant fails to present a statement of
insurance or proof of other security as required pursuant to the
provisions of section three of this article;

(3) That the vehicle is mechanically unfit or unsafe to be
operated or moved upon the highways;

(4) That the division has reasonable grounds to believe that
the vehicle is a stolen or embezzled vehicle or that the granting
of registration or the issuance of certificate of title would
constitute a fraud against the rightful owner or other person
having a valid lien upon such vehicle;

(5) That the registration of the vehicle stands suspended or
revoked for any reason as provided in the motor vehicle laws of
this state;

(6) That the required fee has not been paid; or

(7) That the vehicle is operated by a commercial motor carrier
who has failed to provide a federal motor carrier identification
number (USDOT number) or whose authority to operate in interstate
commerce has been denied or suspended by the federal Motor Carrier
Safety Administration.

WVC 17 A- 3 - 8
§17A-3-8. Examination of registration records and index of stolen
and recovered vehicles.
The department, upon receiving application for original
registration of a vehicle or any certificate of title, shall
first check the manufacturer's serial or identification number
shown in the application against the indexes of registered motor
vehicles and against the index of stolen and recovered motor
vehicles required to be maintained by this chapter.

WVC 17 A- 3 - 9
§17A-3-9. Act of registration and record thereof; registration
indexes.
The department shall file each application received and when
satisfied as to the genuineness and regularity thereof, and that
the applicant is entitled to register such vehicle and to the
issuance of a certificate of title shall register the vehicle
therein described and keep a record thereof in suitable books, on
index cards, or by means of magnetic recording devices as
follows:

(1) Under a distinctive registration number assigned to the
vehicle;

(2) Alphabetically, under the name of the owner;

(3) Under the manufacturer's serial or identification number
if available, otherwise any other identifying number of the
vehicle; and

(4) In the discretion of the department, in any other manner
it may deem desirable.

WVC 17 A- 3 - 10
§17A-3-10. Division to issue registration card; duplicate to
county assessor.
The division upon registering a vehicle, or an agent of the
division upon collecting the required fees and taxes in accordance
with the provisions of section one-b, article six of this chapter,
shall issue a registration card to be delivered to the owner and
containing thereon the date issued, the name and address of the
owner, the registration number assigned to the vehicle and such
description of the vehicle as determined by the commissioner. The
division shall send a duplicate of said registration card to the
assessor of the county in which the owner resides, or in cases of
nonresidents of the state, to the assessor of the county wherein
the vehicle is located.

WVC 17 A- 3 - 11
§17A-3-11. Registration of vehicles according to permissible
gross weight.
The commissioner, upon registering any truck, truck tractor
or road tractor, under the laws of this state, may require such
information and may make such investigation or test as necessary
to determine whether such motor vehicle may safely be operated
upon the highways in compliance with all the provisions of law
relating to such vehicles. Every such vehicle shall be
registered with a permissible gross weight under which the
vehicle can safely be operated upon the highways, which weight
may not exceed the limitations set forth in chapter seventeen-c
of this code.

The commissioner shall include on the registration card
issued for every such motor vehicle the gross weight for which it
is registered, and if it is a motor vehicle to be used for
propelling other vehicles, a separate listing of the total
permissible gross weight of such motor vehicle and other vehicles
to be propelled by it shall be included. The commissioner shall
also cause to be printed or stamped upon the registration card a
statement that the vehicle although registered for the gross
weight appearing on the registration card is subject to the axle
load limit set forth in chapter seventeen-c of this code.

WVC 17 A- 3 - 12
§17A-3-12. Commissioner to issue certificate of title; signatures
on certificate; certificate of title to be delivered to owner or lienor.
(a) The commissioner, if satisfied that the applicant for a
certificate of title is the owner of such vehicle, or otherwise
entitled to have the same registered in the applicant's name, shall
issue an appropriate certificate of title in either an electronic
or paper format. The certificate of title in an electronic format
shall contain all of the information required by this section.

(b) The certificate of title shall contain upon the face
thereof the date issued, the name and address of the owner, the
description of the vehicle as determined by the commissioner, and
a statement of the owner's title and of all liens and encumbrances
upon the vehicle therein described and whether possession is held
by the owner under a lease, contract of conditional sale or other
like agreement, and shall bear thereon the seal of the division.

(c) The certificate of title shall contain upon the reverse
side a space for the signature of the owner and the owner shall
write his or her name with pen and ink in the space upon receipt
of the certificate. The certificate shall also contain upon the
reverse side forms for assignment of title or interest and warranty
thereof by the owner with space for notation of liens and
encumbrances upon the vehicle at the time of a transfer.

(d) The commissioner, upon issuing a certificate of title,
shall deliver same in either an electronic or paper format to the person who holds legal title to the vehicle described on the face
of said certificate: Provided, That when a certificate of title is
issued showing upon the face thereof a lien or encumbrance of liens
or encumbrances, the certificate of title shall be delivered to the
lienholder in either an electronic or paper format in order of
priority. It shall be unlawful and constitute a misdemeanor for a
lienor who holds a certificate of title, as hereinabove in this
section provided, to refuse or fail to surrender the certificate of
title to the person legally entitled thereto within ten days after
the lien or encumbrance or liens or encumbrances shown on the face
thereof shall have been paid and satisfied.

(a) In accordance with the provisions of sections four hundred
eight-a and four hundred eight-e of the Motor Vehicle Information
and Cost Savings Act, Public Law 92-513, the transferor of a motor
vehicle must complete the odometer disclosure form on the
certificate of title or a separate written odometer disclosure
statement, before executing any transfer of ownership document and
before a new certificate of title may be issued for a transfer of
ownership of a vehicle. The odometer disclosure form on the
certificate of title and the separate written odometer disclosure
statement shall contain the following information:

(1) The odometer reading at the time of transfer (not to
include tenths of miles);

(2) The date of transfer;

(3) The transferor's name and current address;

(4) The transferee's name and current address;

(5) The transferor's printed name and signature acknowledging
the disclosure;

(6) The identity of the vehicle, including its make, model,
year, body type and identification number;

(7) Certification by the transferor that to the best of his or
her knowledge the odometer reading reflects:

(A) The actual mileage the vehicle has been driven;

(B) The amount of mileage in excess of the designated
mechanical odometer limit ; or

(C) A difference from the number of miles the vehicle has
actually been driven and that the difference is greater than that
caused by odometer calibration error, and that the odometer reading
is not the actual mileage. This certification shall state that the
odometer reading does not reflect the actual mileage and should not
be relied upon, and shall also include a warning notice to alert
the transferee that a discrepancy exists between the odometer
reading and the actual mileage; and

(8) A warning statement referring to state and federal law and
the statement: "That failure to complete or providing false
information may result in fines and/or imprisonment."

Upon issuance of a new title, the division shall mark the new
title with an appropriate brand which reflects certification of the
prior owner.

(b) Before executing any transfer of ownership document, the
lessor of a leased motor vehicle must notify a lessee in writing
that the lessee is required to provide a written odometer
disclosure statement to the lessor. The odometer disclosure
statement shall contain the following information:

(1) The odometer reading at the time of transfer (not toinclude tenths of miles);

(2) The date of statement;

(3) The lessee's name and current address;

(4) The lessor's name and current address;

(5) The lessee's printed name and signature acknowledging the
disclosure;

(6) The identity of the vehicle, including its make, model,
year, body type and identification number;

(7) The date that the lessor notified the lessee of the
disclosure requirements;

(8) The date that the completed disclosure statement was
received by the lessor;

(9) The signature of the lessor;

(10) Certification by the lessee that to the best of his or
her knowledge the odometer reading reflects:

(A) The actual mileage the vehicle has been driven;

(B) The amount of mileage in excess of the designated
mechanical odometer limit; or

(C) A difference from the number of miles the vehicle has
actually been driven and that the difference is greater than that
caused by odometer calibration error, and that the odometer reading
is not the actual mileage. This certification shall state that the
odometer reading does not reflect the actual mileage and should notbe relied upon; and

(11) A warning statement referring to state and federal law
and the statement: "That failure to complete or providing false
information may result in fines and/or imprisonment."

If a lessor transfers the leased vehicle without obtaining
possession of it, the lessor may indicate on the title the mileage
disclosed by the lessee, unless the lessor has reason to believe
the disclosure does not state the actual mileage.

(c) Notwithstanding the provisions of this section, the form
for odometer disclosure on the certificate of title or a separate
written odometer disclosure statement need not be completed for any
of the following motor vehicles:

(1) A vehicle having a gross weight of more than sixteen
thousand pounds;

(2) A vehicle that is not self-propelled;

(3) A vehicle that is ten years old or older;

(4) A vehicle sold directly by the manufacturer to any agency
of the United States in conformity with contracted specifications;
or

(5) A new motor vehicle prior to its first transfer for
purposes other than resale.

(d) Dealers and distributors of motor vehicles who are
required by law to execute an odometer disclosure statement shallretain for five years a photostat, carbon or other facsimile copy
of each odometer mileage statement which they issue and receive, at
their primary place of business in an order that is appropriate to
business requirements and that permits systematic retrieval.

(e) Lessors shall retain for five years following the date
they transfer ownership of the leased vehicle each odometer
disclosure statement which they receive from a lessee, at their
primary place of business in an order that is appropriate to
business requirements and that permits systematic retrieval.

(f) Auction companies shall retain for five years following
the date of sale of each motor vehicle, at their primary place of
business in an order that is appropriate to business requirements
and that permits systematic retrieval, the following records:

(1) The name of the most recent owner (other than the auction
company);

(2) The name of the buyer;

(3) The vehicle identification number; and

(4) The odometer reading on the date the auction company took
possession of the motor vehicle.

(g) A transfer of a motor vehicle which has not been
previously titled in this state or which has a certificate of title
issued prior to the first day of January, one thousand nine hundred
ninety-one, must include the execution of the transfer by the ownerand the purchaser on a form prescribed by the commissioner signed
by each of the two parties, which form contains substantially the
same information as is required in this section and with the
provisions of the odometer mileage statement form pursuant to the
Motor Vehicle Information and Cost Savings Act.

(h) The commissioner shall promulgate rules for the
administration of this section in accordance with chapter
twenty-nine-a of this code.

(I) Any person who violates any of the provisions of this
section with intent to defraud shall be guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than two
hundred dollars nor more than one thousand dollars, or imprisoned
in the county jail for not more than six months, or both fined and
imprisoned.

The commissioner may cancel a certificate of title for a
mobile or manufactured home affixed to the real property of the
owner of the mobile or manufactured home. The person requesting
the cancellation shall submit to the commissioner an application
for cancellation together with the certificate of title. The
application shall be on a form prescribed by the commissioner. The
commissioner shall return one copy of the cancellation certificate
to the owner and shall send a copy of the cancellation certificate
to the clerk of the county commission to be recorded and indexed in
the same manner as a deed, with the owner's name being indexed in
the grantor index. The commissioner shall charge a fee of $10 per
certificate of title canceled. The clerk shall return a copy of
the recorded cancellation certificate to the owner, unless there is
a lien attached to the mobile or manufactured home, in which case
the copy of the recorded cancellation certificate shall be returned
to the lienholder. Upon its recording in the county clerk's
office, the mobile or manufactured home shall be treated for all
purposes as an appurtenance to the real estate to which it is
affixed and be transferred only as real estate and the ownership
interest in the mobile or manufactured home, together with all
liens and encumbrances on the home, shall be transferred to and
shall encumber the real property to which the mobile or manufactured home has become affixed.

WVC 17 A- 3 - 13
§17A-3-13. Registration card to be signed, carried and exhibited
on demand.
Every owner upon receipt of a registration card shall write
his signature thereon with pen and ink in the space provided.
Every such registration card shall at all times be carried in the
vehicle to which it refers or shall be carried by the person
driving or in control of such vehicle who shall display the same
upon demand of a police officer or any officer or employee of the
department.

WVC 17 A- 3 - 14
§17A-3-14. Registration plates generally; description of plates;
issuance of special numbers and plates; registration
fees; special application fees; exemptions;
commissioner to promulgate forms; suspension and
nonrenewal.
(a) The division upon registering a vehicle shall issue to the
owner one registration plate for a motorcycle, trailer, semitrailer
or other motor vehicle.

(b) Registration plates issued by the division shall meet the
following requirements:

(1) Every registration plate shall be of reflectorized
material and have displayed upon it the registration number
assigned to the vehicle for which it is issued; the name of this
state, which may be abbreviated; and the year number for which it
is issued or the date of expiration of the plate.

(2) Every registration plate and the required letters and
numerals on the plate shall be of sufficient size to be plainly
readable from a distance of one hundred feet during daylight:
Provided, That the requirements of this subdivision shall not apply
to the year number for which the plate is issued or the date of
expiration.

(c) The division may not issue, permit to be issued or
distribute any special registration plates except as follows:

(1) The Governor shall be issued two registration plates, on
one of which shall be imprinted the numeral one and on the other
the word one.

(2) State officials and judges may be issued special
registration plates as follows:

(A) Upon appropriate application, the division shall issue to
the Secretary of State, State Superintendent of Schools, Auditor,
Treasurer, Commissioner of Agriculture and the Attorney General,
the members of both houses of the Legislature, including the
elected officials of both houses of the Legislature, the justices
of the Supreme Court of Appeals of West Virginia, the
representatives and senators of the state in the Congress of the
United States, the judges of the West Virginia circuit courts,
active and retired on senior status, the judges of the United
States district courts for the State of West Virginia and the
judges of the United States Court of Appeals for the fourth
circuit, if any of the judges are residents of West Virginia, a
special registration plate for a Class A motor vehicle and a
special registration plate for a Class G motorcycle owned by the
official or his or her spouse: Provided, That the division may
issue a Class A special registration plate for each vehicle titled
to the official and a Class G special registration plate for each
motorcycle titled to the official.

(B) Each plate issued pursuant to this subdivision shall bear
any combination of letters and numbers not to exceed an amount determined by the commissioner and a designation of the office.
Each plate shall supersede the regular numbered plate assigned to
the official or his or her spouse during the official's term of
office and while the motor vehicle is owned by the official or his
or her spouse.

(C) The division shall charge an annual fee of $15 for every
registration plate issued pursuant to this subdivision, which is in
addition to all other fees required by this chapter.

(3) The division may issue members of the National Guard
forces special registration plates as follows:

(A) Upon receipt of an application on a form prescribed by the
division and receipt of written evidence from the chief executive
officer of the Army National Guard or Air National Guard, as
appropriate, or the commanding officer of any United States Armed
Forces reserve unit that the applicant is a member thereof, the
division shall issue to any member of the National Guard of this
state or a member of any reserve unit of the United States Armed
Forces a special registration plate designed by the commissioner
for any number of Class A motor vehicles owned by the member. Upon
presentation of written evidence of retirement status, retired
members of this state's Army or Air National Guard, or retired
members of any reserve unit of the United States Armed Forces, are
eligible to purchase the special registration plate issued pursuant
to this subdivision.

(B) The division shall charge an initial application fee of $10 for each special registration plate issued pursuant to this
subdivision, which is in addition to all other fees required by
this chapter. Except as otherwise provided herein, effective July
1, 2007, all fees currently held in the special revolving fund used
in the administration of this section and all fees collected by the
division shall be deposited in the State Road Fund.

(C) A surviving spouse may continue to use his or her deceased
spouse's National Guard forces license plate until the surviving
spouse dies, remarries or does not renew the license plate.

(4) Specially arranged registration plates may be issued as
follows:

(A) Upon appropriate application, any owner of a motor vehicle
subject to Class A registration, or a motorcycle subject to Class
G registration, as defined by this article, may request that the
division issue a registration plate bearing specially arranged
letters or numbers with the maximum number of letters or numbers to
be determined by the commissioner. The division shall attempt to
comply with the request wherever possible.

(B) The commissioner shall propose rules for legislative
approval in accordance with the provisions of chapter twenty-nine-a
of this code regarding the orderly distribution of the plates:
Provided, That for purposes of this subdivision, the registration
plates requested and issued shall include all plates bearing the
numbers two through two thousand.

(C) An annual fee of $15 shall be charged for each special registration plate issued pursuant to this subdivision, which is in
addition to all other fees required by this chapter.

(5) The division may issue honorably discharged veterans
special registration plates as follows:

(A) Upon appropriate application, the division shall issue to
any honorably discharged veteran of any branch of the armed
services of the United States a special registration plate for any
number of vehicles titled in the name of the qualified applicant
with an insignia designed by the Commissioner of the Division of
Motor Vehicles.

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee is to compensate the Division of Motor Vehicles for
additional costs and services required in the issuing of the
special registration. All fees collected by the division shall be
deposited in the State Road Fund: Provided, That nothing in this
section may be construed to exempt any veteran from any other
provision of this chapter.

(C) A surviving spouse may continue to use his or her deceased
spouse's honorably discharged veterans license plate until the
surviving spouse dies, remarries or does not renew the license
plate.

(6) The division may issue disabled veterans special
registration plates as follows:

(A) Upon appropriate application, the division shall issue to any disabled veteran who is exempt from the payment of registration
fees under the provisions of this chapter a registration plate for
a vehicle titled in the name of the qualified applicant which bears
the letters "DV" in red and also the regular identification
numerals in red.

(B) A surviving spouse may continue to use his or her deceased
spouse's disabled veterans license plate until the surviving spouse
dies, remarries or does not renew the license plate.

(C) A qualified disabled veteran may obtain a second disabled
veterans license plate as described in this section for use on a
passenger vehicle titled in the name of the qualified applicant.
The division shall charge a one-time fee of $10 to be deposited
into the State Road Fund, in addition to all other fees required by
this chapter, for the second plate.

(7) The division may issue recipients of the distinguished
Purple Heart medal special registration plates as follows:

(A) Upon appropriate application, there shall be issued to any
armed service person holding the distinguished Purple Heart medal
for persons wounded in combat a registration plate for a vehicle
titled in the name of the qualified applicant bearing letters or
numbers. The registration plate shall be designed by the
Commissioner of Motor Vehicles and shall denote that those
individuals who are granted this special registration plate are
recipients of the Purple Heart. All letterings shall be in purple
where practical.

(B) Registration plates issued pursuant to this subdivision
are exempt from all registration fees otherwise required by the
provisions of this chapter.

(C) A surviving spouse may continue to use his or her deceased
spouse's Purple Heart medal license plate until the surviving
spouse dies, remarries or does not renew the license plate.

(D) A recipient of the Purple Heart medal may obtain a second
Purple Heart medal license plate as described in this section for
use on a passenger vehicle titled in the name of the qualified
applicant. The division shall charge a one-time fee of $10 to be
deposited into the State Road Fund, in addition to all other fees
required by this chapter, for the second plate.

(8) The division may issue survivors of the attack on Pearl
Harbor special registration plates as follows:

(A) Upon appropriate application, the owner of a motor vehicle
who was enlisted in any branch of the armed services that
participated in and survived the attack on Pearl Harbor on December
7, 1941, the division shall issue a special registration plate for
a vehicle titled in the name of the qualified applicant. The
registration plate shall be designed by the Commissioner of Motor
Vehicles.

(B) Registration plates issued pursuant to this subdivision
are exempt from the payment of all registration fees otherwise
required by the provisions of this chapter.

(C) A surviving spouse may continue to use his or her deceased spouse's survivors of the attack on Pearl Harbor license plate
until the surviving spouse dies, remarries or does not renew the
license plate.

(D) A survivor of the attack on Pearl Harbor may obtain a
second survivors of the attack on Pearl Harbor license plate as
described in this section for use on a passenger vehicle titled in
the name of the qualified applicant. The division shall charge a
one-time fee of $10 to be deposited into the State Road Fund, in
addition to all other fees required by this chapter, for the second
plate.

(9) The division may issue special registration plates to
nonprofit charitable and educational organizations authorized under
prior enactment of this subdivision as follows:

(A) Approved nonprofit charitable and educational
organizations previously authorized under the prior enactment of
this subdivision may accept and collect applications for special
registration plates from owners of Class A motor vehicles together
with a special annual fee of $15, which is in addition to all other
fees required by this chapter. The applications and fees shall be
submitted to the Division of Motor Vehicles with the request that
the division issue a registration plate bearing a combination of
letters or numbers with the organizations' logo or emblem, with the
maximum number of letters or numbers to be determined by the
commissioner.

(B) The commissioner shall propose rules for legislative approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code regarding the procedures for and
approval of special registration plates issued pursuant to this
subdivision.

(C) The commissioner shall set an appropriate fee to defray
the administrative costs associated with designing and
manufacturing special registration plates for a nonprofit
charitable or educational organization. The nonprofit charitable
or educational organization shall collect this fee and forward it
to the division for deposit in the State Road Fund. The nonprofit
charitable or educational organization may also collect a fee for
marketing the special registration plates.

(10) The division may issue specified emergency or volunteer
registration plates as follows:

(A) Any owner of a motor vehicle who is a resident of the
State of West Virginia and who is a certified paramedic or
emergency medical technician, a member of a paid fire department,
a member of the state Fire Commission, the State Fire Marshal, the
State Fire Marshal's assistants, the State Fire Administrator and
voluntary rescue squad members may apply for a special license
plate for any number of Class A vehicles titled in the name of the
qualified applicant which bears the insignia of the profession,
group or commission. Any insignia shall be designed by the
commissioner. License plates issued pursuant to this subdivision
shall bear the requested insignia in addition to the registration number issued to the applicant pursuant to the provisions of this
article.

(B) Each application submitted pursuant to this subdivision
shall be accompanied by an affidavit signed by the fire chief or
department head of the applicant stating that the applicant is
justified in having a registration with the requested insignia;
proof of compliance with all laws of this state regarding
registration and licensure of motor vehicles; and payment of all
required fees.

(C) Each application submitted pursuant to this subdivision
shall be accompanied by payment of a special initial application
fee of $10, which is in addition to any other registration or
license fee required by this chapter. All special fees shall be
collected by the division and deposited into the state Road Fund.

(A) Any owner of a motor vehicle who is a resident of the
State of West Virginia and who is a certified firefighter may apply
for a special license plate which bears the insignia of the
profession, for any number of Class A vehicles titled in the name
of the qualified applicant. Any insignia shall be designed by the
commissioner. License plates issued pursuant to this subdivision
shall bear the requested insignia pursuant to the provisions of
this article. Upon presentation of written evidence of
certification as a certified firefighter, certified firefighters are eligible to purchase the special registration plate issued
pursuant to this subdivision.

(B) Each application submitted pursuant to this subdivision
shall be accompanied by an affidavit stating that the applicant is
justified in having a registration with the requested insignia;
proof of compliance with all laws of this state regarding
registration and licensure of motor vehicles; and payment of all
required fees. The firefighter certification department, section
or division of the West Virginia University fire service extension
shall notify the commissioner in writing immediately when a
firefighter loses his or her certification. If a firefighter loses
his or her certification, the commissioner may not issue him or her
a license plate under this subsection.

(C) Each application submitted pursuant to this subdivision
shall be accompanied by payment of a special initial application
fee of $10, which is in addition to any other registration or
license fee required by this chapter. All special fees shall be
collected by the division and deposited into the State Road Fund.

(12) The division may issue special scenic registration plates
as follows:

(A) Upon appropriate application, the commissioner shall issue
a special registration plate displaying a scenic design of West
Virginia which displays the words "Wild Wonderful" as a slogan.

(B) The division shall charge a special one-time initial
application fee of $10 in addition to all other fees required by this chapter. All initial application fees collected by the
division shall be deposited into the State Road Fund.

(13) The division may issue honorably discharged Marine Corps
league members special registration plates as follows:

(A) Upon appropriate application, the division shall issue to
any honorably discharged Marine Corps league member a special
registration plate for any number of vehicles titled in the name of
the qualified applicant with an insignia designed by the
Commissioner of the Division of Motor Vehicles.

(B) The division may charge a special one-time initial
application fee of $10 in addition to all other fees required by
this chapter. This special fee is to compensate the Division of
Motor Vehicles for additional costs and services required in the
issuing of the special registration and shall be collected by the
division and deposited in the State Road Fund: Provided, That
nothing in this section may be construed to exempt any veteran from
any other provision of this chapter.

(C) A surviving spouse may continue to use his or her deceased
spouse's honorably discharged Marine Corps League license plate
until the surviving spouse dies, remarries or does not renew the
license plate.

(14) The division may issue military organization registration
plates as follows:

(A) The division may issue a special registration plate for
the members of any military organization chartered by the United States Congress upon receipt of a guarantee from the organization
of a minimum of one hundred applicants. The insignia on the plate
shall be designed by the commissioner.

(B) Upon appropriate application, the division may issue
members of the chartered organization in good standing, as
determined by the governing body of the chartered organization, a
special registration plate for any number of vehicles titled in the
name of the qualified applicant.

(C) The division shall charge a special one-time initial
application fee of $10 for each special license plate in addition
to all other fees required by this chapter. All initial
application fees collected by the division shall be deposited into
the State Road Fund: Provided, That nothing in this section may be
construed to exempt any veteran from any other provision of this
chapter.

(D) A surviving spouse may continue to use his or her deceased
spouse's military organization registration plate until the
surviving spouse dies, remarries or does not renew the special
military organization registration plate.

(15) The division may issue special nongame wildlife
registration plates and special wildlife registration plates as
follows:

(A) Upon appropriate application, the division shall issue a
special registration plate displaying a species of West Virginia
wildlife which shall display a species of wildlife native to West Virginia as prescribed and designated by the commissioner and the
Director of the Division of Natural Resources.

(B) The division shall charge an annual fee of $15 for each
special nongame wildlife registration plate and each special
wildlife registration plate in addition to all other fees required
by this chapter. All annual fees collected for nongame wildlife
registration plates and wildlife registration plates shall be
deposited in a special revenue account designated the Nongame
Wildlife Fund and credited to the Division of Natural Resources.

(C) The division shall charge a special one-time initial
application fee of $10 in addition to all other fees required by
this chapter. All initial application fees collected by the
division shall be deposited in the State Road Fund.

(16) The division may issue members of the Silver Haired
Legislature special registration plates as follows:

(A) Upon appropriate application, the division shall issue to
any person who is a duly qualified member of the Silver Haired
Legislature a specialized registration plate which bears
recognition of the applicant as a member of the Silver Haired
Legislature.

(B) A qualified member of the Silver Haired Legislature may
obtain one registration plate described in this subdivision for use
on a passenger vehicle titled in the name of the qualified
applicant. The division shall charge an annual fee of $15, in
addition to all other fees required by this chapter, for the plate. All annual fees collected by the division shall be deposited in the
State Road Fund.

(17) Upon appropriate application, the commissioner shall
issue to a classic motor vehicle or classic motorcycle as defined
in section three-a, article ten of this chapter, a special
registration plate designed by the commissioner. An annual fee of
$15, in addition to all other fees required by this chapter, shall
be charged for each classic registration plate.

(18) Honorably discharged veterans may be issued special
registration plates for motorcycles subject to Class G registration
as follows:

(A) Upon appropriate application, there shall be issued to any
honorably discharged veteran of any branch of the armed services of
the United States a special registration plate for any number of
motorcycles subject to Class G registration titled in the name of
the qualified applicant with an insignia designed by the
Commissioner of the Division of Motor Vehicles.

(B) A special initial application fee of $10 shall be charged
in addition to all other fees required by law. This special fee is
to be collected by the division and deposited in the State Road
Fund: Provided, That nothing in this section may be construed to
exempt any veteran from any other provision of this chapter.

(C) A surviving spouse may continue to use his or her deceased
spouse's honorably discharged veterans license plate until the
surviving spouse dies, remarries or does not renew the license plate.

(19) Racing theme special registration plates:

(A) The division may issue a series of special registration
plates displaying National Association for Stock Car Auto Racing
themes.

(B) An annual fee of $25 shall be charged for each special
racing theme registration plate in addition to all other fees
required by this chapter. All annual fees collected for each
special racing theme registration plate shall be deposited into the
State Road Fund.

(C) A special application fee of $10 shall be charged at the
time of initial application as well as upon application for any
duplicate or replacement registration plate, in addition to all
other fees required by this chapter. All application fees shall be
deposited into the State Road Fund.

(20) The division may issue recipients of the Navy Cross,
Distinguished Service Cross, Distinguished Flying Cross, Air Force
Cross, Bronze Star, Silver Star or Air Medal special registration
plates as follows:

(A) Upon appropriate application, the division shall issue to
any recipient of the Navy Cross, Distinguished Service Cross,
Distinguished Flying Cross, Air Force Cross, Silver Star, Bronze
Star or Air Medal, a registration plate for any number of vehicles
titled in the name of the qualified applicant bearing letters or
numbers. A separate registration plate shall be designed by the Commissioner of Motor Vehicles for each award that denotes that
those individuals who are granted this special registration plate
are recipients of the Navy Cross, Distinguished Service Cross,
Distinguished Flying Cross, Air Force Cross, Silver Star or Bronze
Star, or Air Medal as applicable.

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the
State Road Fund: Provided, That nothing in this section exempts
the applicant for a special registration plate under this
subdivision from any other provision of this chapter.

(C) A surviving spouse may continue to use his or her deceased
spouse's Navy Cross, Distinguished Service Cross, Distinguished
Flying Cross, Air Force Cross, Silver Star, Bronze Star or Air
Medal special registration plate until the surviving spouse dies,
remarries or does not renew the special registration plate.

(21) The division may issue honorably discharged veterans
special registration plates as follows:

(A) Upon appropriate application, the division shall issue to
any honorably discharged veteran of any branch of the armed
services of the United States with verifiable service during World
War II, the Korean War, the Vietnam War, the Persian Gulf War or
the War Against Terrorism a special registration plate for any
number of vehicles titled in the name of the qualified applicant
with an insignia designed by the commissioner denoting service in the applicable conflict.

(B) The division shall charge a special one-time initial
application fee of $10 in addition to all other fees required by
law. This special fee shall be collected by the division and
deposited in the State Road Fund: Provided, That nothing contained
in this section may be construed to exempt any veteran from any
other provision of this chapter.

(C) A surviving spouse may continue to use his or her deceased
spouse's honorably discharged veterans registration plate until the
surviving spouse dies, remarries or does not renew the special
registration plate.

(22) The division may issue special volunteer firefighter
registration plates as follows:

(A) Any owner of a motor vehicle who is a resident of West
Virginia and who is a volunteer firefighter may apply for a special
license plate for any Class A vehicle titled in the name of the
qualified applicant which bears the insignia of the profession in
white letters on a red background. The insignia shall be designed
by the commissioner and shall contain a fireman's helmet insignia
on the left side of the license plate.

(B) Each application submitted pursuant to this subdivision
shall be accompanied by an affidavit signed by the applicant's fire
chief, stating that the applicant is a volunteer firefighter and
justified in having a registration plate with the requested
insignia. The applicant must comply with all other laws of this state regarding registration and licensure of motor vehicles and
must pay all required fees.

(C) Each application submitted pursuant to this subdivision
shall be accompanied by payment of a special one-time initial
application fee of $10, which is in addition to any other
registration or license fee required by this chapter. All
application fees shall be deposited into the State Road Fund.

(23) The division may issue special registration plates which
reflect patriotic themes, including the display of any United
States symbol, icon, phrase or expression which evokes patriotic
pride or recognition.

(A) Upon appropriate application, the division shall issue to
an applicant a registration plate of the applicant's choice,
displaying a patriotic theme as provided in this subdivision, for
a vehicle titled in the name of the applicant. A series of
registration plates displaying patriotic themes shall be designed
by the Commissioner of Motor Vehicles for distribution to
applicants.

(B) The division shall charge a special one-time initial
application fee of $10 in addition to all other fees required by
law. This special fee shall be collected by the division and
deposited in the State Road Fund.

(24) Special license plates bearing the American flag and the
logo "9/11/01".

(A) Upon appropriate application, the division shall issue special registration plates which shall display the American flag
and the logo "9/11/01".

(B) An annual fee of $15 shall be charged for each plate in
addition to all other fees required by this chapter.

(C) A special application fee of $10 shall be charged at the
time of initial application as well as upon application for any
duplicate or replacement registration plate, in addition to all
other fees required by this chapter. All application fees shall be
deposited into the State Road Fund.

(25) The division may issue a special registration plate
celebrating the centennial of the 4-H youth development movement
and honoring the Future Farmers of America organization as follows:

(A) Upon appropriate application, the division may issue a
special registration plate depicting the symbol of the 4-H
organization which represents the head, heart, hands and health as
well as the symbol of the Future Farmers of America organization
which represents a cross section of an ear of corn for any number
of vehicles titled in the name of the qualified applicant.

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the
State Road Fund.

(C) The division shall charge an annual fee of $15 for each
special 4-H Future Farmers of America registration plate in
addition to all other fees required by this chapter.

(26) The division may issue special registration plates to
educators in the state's elementary and secondary schools and in
the state's institutions of higher education as follows:

(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the
State Road Fund.

(C) The division shall charge an annual fee of $15 for each
special educator registration plate in addition to all other fees
required by this chapter.

(27) The division may issue special registration plates to
members of the Nemesis Shrine as follows:

(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.
Persons desiring the special registration plate shall offer
sufficient proof of membership in Nemesis Shrine.

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the
State Road Fund.

(C) An annual fee of $15 shall be charged for each plate in addition to all other fees required by this chapter.

(D) Notwithstanding the provisions of subsection (d) of this
section, the time period for the Nemesis Shrine to comply with the
minimum one hundred prepaid applications is hereby extended to
January 15, 2005.

(28) The division may issue volunteers and employees of the
American Red Cross special registration plates as follows:

(A) Upon appropriate application, the division shall issue to
any person who is a duly qualified volunteer or employee of the
American Red Cross a specialized registration plate which bears
recognition of the applicant as a volunteer or employee of the
American Red Cross for any number of vehicles titled in the name of
the qualified applicant.

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the
State Road Fund.

(C) An annual fee of $15 shall be charged for each plate in
addition to all other fees required by this chapter.

(29) The division shall issue special registration plates to
individuals who have received either the Combat Infantry Badge or
the Combat Medic Badge as follows:

(A) Upon appropriate application, the division shall issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant. Persons desiring the special registration plate shall offer
sufficient proof that they have received either the Combat Infantry
Badge or the Combat Medic Badge.

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the
State Road Fund.

(30) The division may issue special registration plates to
members of the Knights of Columbus as follows:

(A) Upon appropriate application, the division shall issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.
Persons desiring the special registration plate shall offer
sufficient proof of membership in the Knights of Columbus.

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the
State Road Fund.

(C) An annual fee of $15 shall be charged for each plate in
addition to all other fees required by this chapter.

(D) Notwithstanding the provisions of subsection (d) of this
section, the time period for the Knights of Columbus to comply with
the minimum one hundred prepaid applications is hereby extended to
January 15, 2007.

(31) The division may issue special registration plates to former members of the Legislature as follows:

(A) Upon appropriate application, the division shall issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.
Persons desiring the special registration plate shall offer
sufficient proof of former service as an elected or appointed
member of the West Virginia House of Delegates or the West Virginia
Senate.

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the
State Road Fund. The design of the plate shall indicate total
years of service in the Legislature.

(C) An annual fee of $15 shall be charged for each plate in
addition to all other fees required by this chapter.

(32) Democratic state or county executive committee member
special registration plates:

(A) The division shall design and issue special registration
plates for use by democratic state or county executive committee
members. The design of the plates shall include an insignia of a
donkey and shall differentiate by wording on the plate between
state and county executive committee members.

(B) An annual fee of $25 shall be charged for each democratic
state or county executive committee member registration plate in
addition to all other fees required by this chapter. All annual fees collected for each special plate issued under this subdivision
shall be deposited into the State Road Fund.

(C) A special application fee of $10 shall be charged at the
time of initial application as well as upon application for any
duplicate or replacement registration plate, in addition to all
other fees required by this chapter. All application fees shall be
deposited into the State Road Fund.

(D) The division shall not begin production of a plate
authorized under the provisions of this subdivision until the
division receives at least one hundred completed applications from
the state or county executive committee members, including all fees
required pursuant to this subdivision.

(E) Notwithstanding the provisions of subsection (d) of this
section, the time period for the democratic executive committee to
comply with the minimum one hundred prepaid applications is hereby
extended to January 15, 2005.

(A) Upon appropriate application, there shall be issued to any
female honorably discharged veteran, of any branch of the armed
services of the United States, a special registration plate for any
number of vehicles titled in the name of the qualified applicant
with an insignia designed by the Commissioner of the Division of
Motor Vehicles to designate the recipient as a woman veteran.

(B) A special initial application fee of $10 shall be charged in addition to all other fees required by law. This special fee
shall be collected by the division and deposited in the State Road
Fund: Provided, That nothing in this section may be construed to
exempt any veteran from any other provision of this chapter.

(C) A surviving spouse may continue to use his deceased
spouse's honorably discharged veterans license plate until the
surviving spouse dies, remarries or does not renew the license
plate.

(34) The division may issue special registration plates
bearing the logo, symbol, insignia, letters or words demonstrating
association with West Liberty State College to any resident owner
of a motor vehicle. Resident owners may apply for the special
license plate for any number of Class A vehicles titled in the name
of the applicant. The special registration plates shall be
designed by the commissioner. Each application submitted pursuant
to this subdivision shall be accompanied by payment of a special
initial application fee of $15, which is in addition to any other
registration or license fee required by this chapter. The division
shall charge an annual fee of $15 for each special registration
plate in addition to all other fees required by this chapter. All
special fees shall be collected by the division and deposited into
the State Road Fund.

(35) The division may issue special registration plates to
members of the Harley Owners Group as follows:

(A) Upon appropriate application, the division may issue a special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.
Persons desiring the special registration plate shall offer
sufficient proof of membership in the Harley Owners Group.

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the
State Road Fund.

(C) An annual fee of $15 shall be charged for each plate in
addition to all other fees required by this chapter.

(36) The division may issue special registration plates for
persons retired from any branch of the armed services of the United
States as follows:

(A) Upon appropriate application, there shall be issued to any
person who has retired after service in any branch of the armed
services of the United States, a special registration plate for any
number of vehicles titled in the name of the qualified applicant
with an insignia designed by the Commissioner of the Division of
Motor Vehicles to designate the recipient as retired from the armed
services of the United States.

(B) A special initial application fee of $10 shall be charged
in addition to all other fees required by law. This special fee
shall be collected by the division and deposited in the State Road
Fund: Provided, That nothing in this section may be construed to
exempt any registrants from any other provision of this chapter.

(C) A surviving spouse may continue to use his or her deceased
spouse's retired military license plate until the surviving spouse
dies, remarries or does not renew the license plate.

(37) The division may issue special registration plates
bearing the logo, symbol, insignia, letters or words demonstrating
association with or support for Fairmont State College as follows:

(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the
State Road Fund.

(C) An annual fee of $15 shall be charged for each plate in
addition to all other fees required by this chapter.

(38) The division may issue special registration plates
honoring the farmers of West Virginia as follows:

(A) Any owner of a motor vehicle who is a resident of West
Virginia may apply for a special license plate depicting a farming
scene or other apt reference to farming, whether in pictures or
words, at the discretion of the commissioner.

(B) The division shall charge a special initial application
fee of $10. This special fee shall be collected by the division
and deposited in the State Road Fund.

(C) An annual fee of $15 shall be charged for each plate in addition to all other fees required by this chapter.

(A) Upon appropriate application, the division shall issue a
special registration plate displaying a children's
education-related theme as prescribed and designated by the
commissioner and the State Superintendent of Schools.

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the
State Road Fund.

(C) An annual fee of $15 shall be charged for each plate in
addition to all other fees required by this chapter.

(40) The division may issue members of the 82nd Airborne
Division Association special registration plates as follows:

(A) The division may issue a special registration plate for
members of the 82nd Airborne Division Association upon receipt of
a guarantee from the organization of a minimum of one hundred
applicants. The insignia on the plate shall be designed by the
commissioner.

(B) Upon appropriate application, the division may issue
members of the 82nd Airborne Division Association in good standing,
as determined by the governing body of the organization, a special
registration plate for any number of vehicles titled in the name of
the qualified applicant.

(C) The division shall charge a special one-time initial
application fee of $10 for each special license plate in addition
to all other fees required by this chapter. All initial
application fees collected by the division shall be deposited into
the State Road Fund: Provided, That nothing in this section may be
construed to exempt the applicant from any other provision of this
chapter.

(D) A surviving spouse may continue to use his or her deceased
spouse's special 82nd Airborne Division Association registration
plate until the surviving spouse dies, remarries or does not renew
the special registration plate.

(41) The division may issue special registration plates to
survivors of wounds received in the line of duty as a member with
a West Virginia law-enforcement agency.

(A) Upon appropriate application, the division shall issue to
any member of a municipal police department, sheriff's department,
the State Police or the law-enforcement division of the Division of
Natural Resources who has been wounded in the line of duty and
awarded a Purple Heart in recognition thereof by the West Virginia
Chiefs of Police Association, the West Virginia Sheriffs'
Association, the West Virginia Troopers Association or the Division
of Natural Resources a special registration plate for one vehicle
titled in the name of the qualified applicant with an insignia
appropriately designed by the commissioner.

(B) Registration plates issued pursuant to this subdivision are exempt from the registration fees otherwise required by the
provisions of this chapter.

(C) A surviving spouse may continue to use his or her deceased
spouse's special registration plate until the surviving spouse
dies, remarries or does not renew the plate.

(D) Survivors of wounds received in the line of duty as a
member with a West Virginia law-enforcement agency may obtain a
license plate as described in this section for use on a passenger
vehicle titled in the name of the qualified applicant. The
division shall charge a one-time fee of $10 to be deposited into
the State Road Fund, in addition to all other fees required by this
chapter, for the second plate.

(42) The division may issue a special registration plate for
persons who are Native Americans and residents of this state.

(A) Upon appropriate application, the division shall issue to
an applicant who is a Native American resident of West Virginia a
registration plate for a vehicle titled in the name of the
applicant with an insignia designed by the Commissioner of the
Division of Motor Vehicles to designate the recipient as a Native
American.

(B) The division shall charge a special one-time initial
application fee of $10 in addition to all other fees required by
law. This special fee shall be collected by the division and
deposited in the State Road Fund.

(C) An annual fee of $15 shall be charged for each plate in addition to all other fees required by this chapter.

(43) The division may issue special registration plates
commemorating the centennial anniversary of the creation of Davis
and Elkins College as follows:

(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner to
commemorate the centennial anniversary of Davis and Elkins College
for any number of vehicles titled in the name of the applicant.

(B) The division shall charge a special initial application
fee of $10. This special fee shall be collected by the division
and deposited in the State Road Fund.

(C) An annual fee of $15 shall be charged for each plate in
addition to all other fees required by this chapter.

(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner to
recognize and honor breast cancer survivors, such plate to
incorporate somewhere in the design the "pink ribbon emblem", for
any number of vehicles titled in the name of the applicant.

(B) The division shall charge a special initial application
fee of $10. This special fee shall be deposited in the State Road
Fund.

(C) An annual fee of $15 shall be charged for each plate in
addition to all other fees required by this chapter.

(45) The division may issue special registration plates to
members of the Knights of Pythias or Pythian Sisters as follows:

(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.
Persons desiring the special registration plate shall offer
sufficient proof of membership in the Knights of Pythias or Pythian
Sisters.

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the
State Road Fund.

(C) An annual fee of $15 shall be charged for each plate in
addition to all other fees required by this chapter.

(46) The commissioner may issue special registration plates
for whitewater rafting enthusiasts as follows:

(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the
State Road Fund.

(C) The division shall charge an annual fee of $15 for each
special registration plate in addition to all other fees required by this chapter.

(47) The division may issue special registration plates to
members of Lions International as follows:

(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner in
consultation with Lions International for any number of vehicles
titled in the name of the qualified applicant. Persons desiring
the special registration plate shall offer sufficient proof of
membership in Lions International.

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the
State Road Fund.

(C) An annual fee of $15 shall be charged for each plate in
addition to all other fees required by this chapter.

(48) The division may issue special registration plates
supporting organ donation as follows:

(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner which
recognizes, supports and honors organ and tissue donors and
includes the words "Donate Life".

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the
State Road Fund.

(C) An annual fee of $15 shall be charged for each plate in
addition to all other fees required by this chapter.

(49) The division may issue special registration plates to
members of the West Virginia Bar Association as follows:

(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner in
consultation with the West Virginia Bar Association for any number
of vehicles titled in the name of the qualified applicant. Persons
desiring the special registration plate shall offer sufficient
proof of membership in the West Virginia Bar Association.

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the
State Road Fund.

(C) An annual fee of $15 shall be charged for each plate in
addition to all other fees required by this chapter.

(50) The division may issue special registration plates
bearing an appropriate logo, symbol or insignia combined with the
words "SHARE THE ROAD" designed to promote bicycling in the state
as follows:

(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the applicant.

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This special fee shall be collected by the division and deposited in the
State Road Fund.

(C) An annual fee of $15 shall be charged for each plate in
addition to all other fees required by this chapter.

(51) The division may issue special registration plates
honoring coal miners as follows:

(A) Upon appropriate application, the division shall issue a
special registration plate depicting and displaying coal miners in
mining activities as prescribed and designated by the commissioner
and the board of the National Coal Heritage Area Authority.

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the
State Road Fund.

(C) An annual fee of $15 shall be charged for each plate in
addition to all other fees required by this chapter.

(52) The division may issue special registration plates to
present and former Boy Scouts as follows:

(A) Upon appropriate application, the division may issue a
special registration plate designed by the Commissioner for any
number of vehicles titled in the name of the qualified applicant.
Persons desiring the special registration plate shall offer
sufficient proof of present or past membership in the Boy Scouts as
either a member or a leader.

(B) The division shall charge a special initial application fee of $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the
State Road Fund.

(C) An annual fee of $15 shall be charged for each plate in
addition to all other fees required by this chapter.

(53) The division may issue special registration plates to
present and former Boy Scouts who have achieved Eagle Scout status
as follows:

(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.
Persons desiring the special registration plate shall offer
sufficient proof of achievement of Eagle Scout status.

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee shall be deposited in the State Road Fund.

(C) An annual fee of $15 shall be charged for each plate in
addition to all other fees required by this chapter.

(54) The division may issue special registration plates
recognizing and memorializing victims of domestic violence.

(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner to
recognize and memorialize victims of domestic violence, such plate
to incorporate somewhere in the design the "purple ribbon emblem",
for any number of vehicles titled in the name of the applicant.

(B) The division shall charge a special initial application
fee of $10. This special fee shall be deposited in the State Road
Fund.

(C) An annual fee of $15 shall be charged for each plate in
addition to all other fees required by this chapter.

(55) The division may issue special registration plates
bearing the logo, symbol, insignia, letters or words demonstrating
association with or support for the University of Charleston as
follows:

(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the
State Road Fund.

(C) An annual fee of $15 shall be charged for each plate in
addition to all other fees required by this chapter.

(56) The division may issue special registration plates to
members of the Sons of the American Revolution as follows:

(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner in
consultation with the Sons of the American Revolution for any
number of vehicles titled in the name of the qualified applicant.
Persons desiring the special registration plate shall offer sufficient proof of membership in the Sons of the American
Revolution.

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the
State Road Fund.

(C) An annual fee of $15 shall be charged for each plate in
addition to all other fees required by this chapter.

(57) The commissioner may issue special registration plates
for horse enthusiasts as follows:

(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the
State Road Fund.

(C) The division shall charge an annual fee of $15 for each
special registration plate in addition to all other fees required
by this chapter.

(58) The commissioner may issue special registration plates to
the next of kin of a member of any branch of the armed services of
the United States killed in combat as follows:

(A) Upon appropriate application, the division shall issue a
special registration plate for any number of vehicles titled in the name of a qualified applicant depicting the Gold Star awarded by
the United States Department of Defense as prescribed and
designated by the commissioner.

(B) The next of kin shall provide sufficient proof of
receiving a Gold Star lapel button from the United States
Department of Defense in accordance with Public Law 534, 89th
Congress, and criteria established by the United States Department
of Defense, including criteria to determine next of kin.

(C) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the
State Road Fund.

(D) The provisions of subsection (d) of this section are not
applicable for the issuance of the special license plates
designated by this subdivision.

(59) The commissioner may issue special registration plates
for retired or former Justices of the Supreme Court of Appeals of
West Virginia as follows:

(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.

(B) The division shall charge a special initial application
fee of $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the
State Road Fund.

(C) The division shall charge an annual fee of $15 for each
special registration plate in addition to all other fees required
by this chapter.

(D) The provisions of subsection (d) of this section are not
applicable for the issuance of the special license plates
designated by this subdivision.

(60) Upon approval by the commissioner of an appropriate
application, and upon all requirements of this subdivision being
satisfied, the division may issue special registration plates for
class A and class G motor vehicles to members of an organization
for which a special registration plate has not been issued pursuant
to any other subdivision in this subsection prior to January 1,
2010, in accordance with the provisions of this subdivision.

(A) An organization desiring to create a special registration
plate must comply with the following requirements to be eligible
to apply for the creation and issuance of a special registration
plate:

(i) The organization must be a nonprofit organization
organized and existing under Section 501(c)(3) of Title 26 of the
Internal Revenue Code and based, headquartered or have a chapter in
West Virginia;

(ii) The organization may be organized for, but may not be
restricted to, social, civic, higher education or entertainment
purposes;

(iii) The organization may not be a political party and may not have been created or exist primarily to promote a specific
political or social belief, as determined by the commissioner in
his or her sole discretion;

(iv) The organization may not have as its primary purpose the
promotion of any specific faith, religion, religious belief or
antireligion;

(v) The name of the organization may not be the name of a
special product or brand name, and may not be construed, as
determined by the commissioner, as promoting a product or brand
name; and

(vi) The organization's lettering, logo, image or message to
be placed on the registration plate, if created, may not be
obscene, offensive or objectionable as determined by the
commissioner in his or her sole discretion.

(B) Beginning July 1, 2010, an organization requesting the
creation and issuance of a special registration plate may make
application with the division. The application shall include
sufficient information, as determined by the commissioner, to
determine whether the special registration plate requested and the
organization making the application meet all of the requirements
set forth in this subdivision (60). The application shall also
include a proposed design, including lettering, logo, image or
message to be placed on the registration plate. The commissioner
shall notify the organization of the commissioner's approval or
disapproval of the application.

(C)(i) The commissioner may not begin the design or production
of any license plates authorized and approved pursuant to this
subdivision (60), subsection (c) of this section until the
organization which applied for the special registration plate has
collected and submitted collectively to the division applications
completed by at least two hundred fifty persons and collectively
deposited with the division all fees necessary to cover the first
year's basic registration, one-time design and manufacturing costs
and to cover the first year additional annual fee for all of the
applications submitted.

(ii) If the organization fails to submit the required number
of applications and fees within six months of the effective date of
the approval of the application for the plate by the commissioner,
the plate will not be produced until a new application is submitted
and is approved by the commissioner: Provided, That an
organization that is unsuccessful in obtaining the minimum number
of applications may not make a new application for a special plate
until at least two years have passed since the approval of the
previous application of the organization.

(D) The division shall charge a special initial application
fee of $25 for each special license plate in addition to all other
fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund.

(E) The division shall charge an annual fee of $15 for each
special registration plate in addition to all other fees required by this chapter.

(F) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner in
consultation with the organization for any number of vehicles
titled in the name of a qualified registration plate applicant.
Persons desiring the special registration plate shall offer
sufficient proof of membership in the organization.

(G) The commissioner shall discontinue the issuance or renewal
of the registration of any special plate issued pursuant to this
subdivision (60) if:

(i) The number of valid registrations for the specialty plate
falls below two hundred fifty plates for at least twelve
consecutive months; or

(ii) The organization no longer exists or no longer meets the
requirements of this subdivision.

(d) The minimum number of applications required prior to
design and production of a special license plate shall be as
follows:

(1) The commissioner may not begin the design or production of
any license plates for which eligibility is based on membership or
affiliation with a particular private organization until at least
one hundred persons complete an application and deposit with the
organization a check to cover the first year's basic registration,
one-time design and manufacturing costs and to cover the first year
additional annual fee. If the organization fails to submit the required number of applications with attached checks within six
months of the effective date of the original authorizing
legislation, the plate will not be produced and will require
legislative reauthorization: Provided, That an organization or
group that is unsuccessful in obtaining the minimum number of
applications may not request reconsideration of a special plate
until at least two years have passed since the effective date of
the original authorization: Provided, however, That the provisions
of this subdivision (1) are not applicable to the issuance of
plates authorized pursuant to subdivision (60), subsection (c) of
this section.

(2) The commissioner may not begin the design or production of
any license plates authorized by this section for which membership
or affiliation with a particular organization is not required until
at least two hundred fifty registrants complete an application and
deposit a fee with the division to cover the first year's basic
registration fee, one-time design and manufacturing fee and
additional annual fee if applicable. If the commissioner fails to
receive the required number of applications within six months of
the effective date of the original authorizing legislation, the
plate will not be produced and will require legislative
reauthorization: Provided, That if the minimum number of
applications is not satisfied within the six months of the
effective date of the original authorizing legislation, a person
may not request reconsideration of a special plate until at least two years have passed since the effective date of the original
authorization.

(e) (1) Nothing in this section requires a charge for a free
prisoner of war license plate or a free recipient of the
Congressional Medal of Honor license plate for a vehicle titled in
the name of the qualified applicant as authorized by other
provisions of this code.

(2) A surviving spouse may continue to use his or her deceased
spouse's prisoner of war license plate or Congressional Medal of
Honor license plate until the surviving spouse dies, remarries or
does not renew the license plate.

(3) Qualified former prisoners of war and recipients of the
Congressional Medal of Honor may obtain a second special
registration plate for use on a passenger vehicle titled in the
name of the qualified applicant. The division shall charge a one-
time fee of $10 to be deposited into the State Road Fund, in
addition to all other fees required by this chapter, for the second
special plate.

(f) The division may issue special ten-year registration
plates as follows:

(1) The commissioner may issue or renew for a period of no
more than ten years any registration plate exempted from
registration fees pursuant to any provision of this code or any
restricted use antique motor vehicle license plate authorized by
section three-a, article ten of this chapter: Provided, That the provisions of this subsection do not apply to any person who has
had a special registration suspended for failure to maintain motor
vehicle liability insurance as required by section three, article
two-a, chapter seventeen-d of this code or failure to pay personal
property taxes as required by section three-a of this article.

(2) An initial nonrefundable fee shall be charged for each
special registration plate issued pursuant to this subsection,
which is the total amount of fees required by section fifteen,
article ten of this chapter, section three, article three of this
chapter or section three-a, article ten of this chapter for the
period requested.

(g) The provisions of this section may not be construed to
exempt any registrant from maintaining motor vehicle liability
insurance as required by section three, article two-a, chapter
seventeen-d of this code or from paying personal property taxes on
any motor vehicle as required by section three-a of this article.

(h) The commissioner may, in his or her discretion, issue a
registration plate of reflectorized material suitable for permanent
use on motor vehicles, trailers and semitrailers, together with
appropriate devices to be attached to the registration to indicate
the year for which the vehicles have been properly registered or
the date of expiration of the registration. The design and
expiration of the plates shall be determined by the commissioner.
The commissioner shall, whenever possible and cost effective,
implement the latest technology in the design, production and issuance of registration plates, indices of registration renewal
and vehicle ownership documents, including, but not limited to,
offering Internet renewal of vehicle registration and the use of
bar codes for instant identification of vehicles by scanning
equipment to promote the efficient and effective coordination and
communication of data for improving highway safety, aiding law
enforcement and enhancing revenue collection.

(i) Any license plate issued or renewed pursuant to this
chapter which is paid for by a check that is returned for
nonsufficient funds is void without further notice to the
applicant. The applicant may not reinstate the registration until
the returned check is paid by the applicant in cash, money order or
certified check and all applicable fees assessed as a result
thereof have been paid.

WVC 17 A- 3 - 15
§17A-3-15. Display of registration plates.
(a) Registration plates issued for vehicles required to be
registered under this article shall be attached to the rear of the
vehicles except that on truck tractors and road tractors designed
and constructed to pull trailers or semitrailers, the registration
plate shall be mounted to the front.

(b) Every registration plate shall at all times be securely
fastened in a horizontal position to the vehicle for which it is
issued so as to prevent the plate from swinging and at a height of
not less than twelve inches from the ground, measuring from the
bottom of the plate, in a place and position to be clearly visible
and shall be maintained free from foreign materials and in a
condition to be clearly legible.

(c) Notwithstanding the provisions of subsection (b) of this
section, an owner of a motor vehicle with a Class G registration as
defined in section one, article ten of this chapter may choose to:

(1) Display a standard, Class G registration plate in a
horizontal position; or

(2) Display a specially designed Class G registration plate in
a vertical position issued by the division of motor vehicles if the
owner:

(A) Pays a one-time fee of twenty-five dollars to cover the
additional cost and services necessary to issue the special
registration plate to be deposited into a special revolving fund to
be used for the administration of this chapter; and

(B) Pays all other required fees and complies with all other
applicable provisions of this code regarding the titling,
registration and operation of the vehicle.

WVC 17 A- 3 - 16
§17A-3-16. Expiration of registration and certificates of title.
(a) Every vehicle registration under this chapter and every
registration card and registration plate issued under this chapter
expires at midnight on the last day of the month designated by the
commissioner: Provided, That the commissioner may extend the
period during which the registration plates may be used.

Certificates of title need not be renewed annually but remain
valid until canceled by the division for cause or upon a transfer
of any interest shown in the vehicle.

(b) Notwithstanding the provisions of this section or of any
provision of this chapter, the commissioner shall adopt a staggered
registration system whereby the registration of Class A motor
vehicles is for a period of twelve consecutive calendar months, the
expiration dates of the registrations to be staggered throughout
the year: Provided, That on or after July 1, 1997, the
commissioner shall also offer an optional two-year registration
system whereby the registration of all vehicles shall be for a
period of twenty-four consecutive calendar months, the expiration
dates of the registrations to be staggered throughout the year.
Under this option, all annual fees due at the time of registration
shall be multiplied by two.

(1) On or after July 1, 1997, all Class A motor vehicles as
defined in section one, article ten of this chapter shall be
registered for a period of twelve or twenty-four consecutive
calendar months. There hereby are established twelve registration periods, each of which shall start on day one of each calendar
month of the year and shall end on the last day of month twelve
from date of beginning. The period ending on January 31 is
designated the first period; that ending on February 28 or 29 is
designated the second; that ending on March 31 is designated the
third; that ending on April 30 is designated the fourth; that
ending on May 31 is designated the fifth; that ending on June 30 is
designated the sixth; that ending on July 31 is designated the
seventh; that ending on August 31 is designated the eighth; that
ending on September 30 is designated the ninth; that ending on
October 31 is designated the tenth; that ending on November 30 is
designated the eleventh; and that ending on December 31 is
designated the twelfth.

(2) All Class A motor vehicles, which are operated for the
first time upon the public highways of this state to and including
day fifteen of any given month are subject to registration and
payment of the fee for the twelve- or 24-month period commencing
day one of the month of operation. All Class A motor vehicles
operated for the first time upon the public highways of this state
on and after day sixteen of any given month are subject to
registration and payment of fee for the twelve- or 24-month period
commencing day one of the month of the next following calendar
month.

(c) On or before July 1, 1996, all Class T and Class R
vehicles shall be registered for a maximum period of three years or portion thereof based on the number of years remaining in the three
year period designated by the commissioner.

(d) On or before July 1, 2000, all Class C trailers shall be
registered for the duration of the owner's interest in the trailer
and shall not expire until either sold or otherwise permanently
removed from the service of the owner.

(e) Notwithstanding the provisions of this section or of any
other provision of this chapter to the contrary, the commissioner
shall on or before July 1, 2010, offer an optional two-year
registration for Class G vehicles. The commissioner may offer
extended prorated registration renewal cycles to accommodate
changes in designated expiration dates.

WVC 17A-3-17
§17A-3-17. Application for and renewal of registration; sheriffs
authorized to issue renewals of registration for certain vehicles.
(a) Application for renewal of a vehicle registration shall be
made by the vehicle owner by proper application and payment of
taxes and registration fees provided by law.

(b) The division may receive applications for renewal of any
vehicle registration and each sheriff shall receive applications
from residents in his or her county for renewal of any Class A or
G vehicle registration. The division and each sheriff shall issue
the renewals of registration each receives, respectively, in
accordance with all of the provisions in this article pertaining to
renewal of vehicle registration including, but not limited to, the
payment of the taxes and fees required thereunder.

(c) Each sheriff shall charge a service fee of one dollar for
each renewal of a Class A or G vehicle registration he or she
issues. Effective the first day of July, one thousand nine hundred
ninety-eight, the sheriff shall pay one half of this fee into the
county general fund. The sheriff shall pay the remaining one half
of this fee into the deputy sheriff retirement fund created in
section six, article fourteen-d, chapter seven of this code.

(d) On the first day of each month, each sheriff shall pay
over to the commissioner all fees he or she collected during the
preceding month for renewal of Class A and G vehicle registrations,
except his or her service fees. The payment shall be accompanied by a report showing the name of the county, the name and address of
the person who obtained the registration and paid the registration
fee therefor, the vehicle registered, the registration number, the
date the registration was issued, the signature of the sheriff and
any other information the commissioner may reasonably require in
order to maintain the functions and records of the department. The
commissioner shall deposit all fees he or she receives from the
sheriffs for renewal of Class A and G vehicle registrations in the
state treasury to the credit of the state road fund as provided in
section twenty-one, article two of this chapter.

(e) The commissioner shall provide each sheriff with the
necessary forms, supplies, registration plates, registration decals
and instructions necessary to enable him or her to perform the
duties and functions specified in this section.

(f) No person may display upon a vehicle a new registration
plate or registration decal prior to the first day of the month
preceding the new registration period.

WVC 17 A- 3 - 17 A
§17A-3-17a. Application for registration; certain motor vehicle
dealers authorized to issue certificates of registration for certain vehicles.
The division may authorize a motor vehicle dealer as defined
and licensed in accordance with the provisions of article six of
this chapter to issue or transfer motor vehicle registration plates
upon the sale of any motor vehicle in compliance with the
provisions of section one-b, article six of this chapter. The
division shall provide to an authorized motor vehicle dealer the
necessary supplies, registration plates, registration decals and
instructions necessary for the issuance and transfer of motor
vehicle registrations. The division may authorize a service
provider to distribute the necessary supplies.

WVC 17 A- 3 - 18
§17A-3-18. Notice of change of address or name.
(a) Whenever any person after making application for or
obtaining the registration of a vehicle or a certificate of title
shall move from the address named in the application or shown upon
a registration card or certificate of title the person shall within
ten days thereafter notify the division in writing of the old and
new addresses.

(b) Whenever any person, after making application for or
obtaining the registration of a vehicle or a certificate of title,
is assigned a new address by the United States postal service or
other legally constituted authority, the person shall notify the
division in writing of the old and new address and of the
registration or title number of the vehicle held by the person.
The notification of change of address shall be made at least ten
days prior to the last date on which mail with the old address is
deliverable by the United States postal service.

(c) Whenever the name of any person who has made application
for or obtained the registration of a vehicle or a certificate of
title is thereafter changed by marriage or otherwise the person
shall within ten days notify the division of the former name and
new name upon a form prescribed by the commissioner. The
notification shall be accompanied by application for retitle under
the new name.

(d) The provisions of section one, article eleven of this
chapter relating to imprisonment do not apply to persons who violate the provisions of this section.

WVC 17 A- 3 - 19
§17A-3-19. Lost or damaged certificates, cards and plates.
In the event any registration card or registration plate is
lost, mutilated, or becomes illegible the owner or legal
representative or successor in interest of the owner of the
vehicle for which the same was issued as shown by the records of
the department shall immediately make application for and may
obtain a duplicate or a substitute or a new registration under a
new registration number, as determined to be most advisable by
the department, upon the applicant furnishing information
satisfactory to the department.

In the event any certificate of title is lost, mutilated, or
becomes illegible, the owner or legal representative or successor
in interest of the owner of the vehicle for which the same was
issued, as shown by the records of the department, shall
immediately make application for and may obtain a duplicate upon
the applicant furnishing information satisfactory to the
department. Upon issuance of any duplicate certificate of title
the previous certificate last issued shall be void.

WVC 17 A- 3 - 20
§17A-3-20. Department may assign new identifying numbers.
The department may assign a distinguishing number to a motor
vehicle whenever the serial number thereon is destroyed or
obliterated and issue to the owner a special plate bearing such
distinguishing number which shall be affixed to the vehicle in a
position to be determined by the commissioner. Such motor
vehicle may then be registered under such distinguishing number
in lieu of the former serial number.

WVC 17 A- 3 - 21
§17A-3-21. Regulations governing change of motors.
The commissioner is authorized to adopt and enforce such
registration rules and regulations as may be deemed necessary and
compatible with the public interest with respect to the change or
substitution of one engine in place of another in any motor
vehicle.

The commissioner shall annually, following a renewal of
registration, compile and publish in books or bulletins a list of
all registered vehicles and shall thereafter compile and publish
monthly supplements thereto. The list of registered vehicles shall
be arranged serially according to the registration numbers assigned
to registered vehicles and shall contain in addition the names and
addresses of registered owners and a brief description of each
vehicle.

Law-enforcement officers may be furnished with copies of the
lists, and copies may also be furnished to other interested parties
as may be authorized by the governor or by the commissioner. The
commissioner may also furnish copies of the lists to similar
officers in adjoining states. Subject to the provisions of article
two-a of this chapter, copies may be furnished to any person upon
application, at a price to be fixed by the commissioner.

(a) Any motor vehicle designed to carry passengers, owned or
leased by the State of West Virginia, or any of its departments,
bureaus, commissions or institutions, except vehicles used by the
Governor, Treasurer, three vehicles per elected office of the Board
of Public Works, vehicles operated by the State Police, not to
exceed five vehicles operated by the Office of the Secretary of
Military Affairs and Public Safety, not to exceed five vehicles
operated by the Division of Homeland Security and Emergency
Management, vehicles operated by natural resources police officers
of the Division of Natural Resources, not to exceed ten vehicles
operated by the arson investigators of the Office of State Fire
Marshal, not to exceed two vehicles operated by the Division of
Protective Services, not to exceed sixteen vehicles operated by
inspectors of the Office of the Alcohol Beverage Control
Commissioner and vehicles operated by probation officers employed
under the Supreme Court of Appeals may not be operated or driven by
any person unless it has displayed and attached to the front
thereof, in the same manner as regular motor vehicle registration
plates are attached, a plate of the same size as the regular
registration plate, with white lettering on a green background
bearing the words "West Virginia" in one line and the words "State
Car" in another line and the lettering for the words "State Car"
shall be of sufficient size to be plainly readable from a distance of one hundred feet during daylight.

The vehicle shall also have attached to the rear a plate
bearing a number and any other words and figures as the
Commissioner of Motor Vehicles shall prescribe. The rear plate
shall also be green with the number in white.

(b) Registration plates issued to vehicles owned by counties
shall be white on red with the word "County" on top of the plate
and the words "West Virginia" on the bottom.

(c) Registration plates issued to a city or municipality shall
be white on blue with the word "City" on top and the words "West
Virginia" on the bottom.

(d) Registration plates issued to a city or municipality law-
enforcement department shall include blue lettering on a white
background with the word "West Virginia" on top of the plate and
shall be further designed by the commissioner to include a law-
enforcement shield together with other insignia or lettering
sufficient to identify the motor vehicle as a municipal law-
enforcement department motor vehicle. The colors may not be
reversed and shall be of reflectorized material. The registration
plates issued to counties, municipalities and other governmental
agencies authorized to receive colored plates hereunder shall be
affixed to both the front and rear of the vehicles.

(e) Registration plates issued to vehicles operated by county
sheriffs shall be designed by the commissioner in cooperation with
the sheriffs' association with the word "Sheriff" on top of the
plate and the words "West Virginia" on the bottom. The plate shall
contain a gold shield representing the sheriff's star and a number assigned to that plate by the commissioner. Every county sheriff
shall provide the commissioner with a list of vehicles operated by
the sheriff, unless otherwise provided in this section, and a fee
of $10 for each vehicle submitted by July 1, 2002.

(f) The commissioner is authorized to designate the colors and
design of any other registration plates that are issued without
charge to any other agency in accordance with the motor vehicle
laws.

(g) Upon application, the commissioner is authorized to issue
a maximum of five Class A license plates per applicant to be used
by county sheriffs and municipalities on law-enforcement vehicles
while engaged in undercover investigations.

(h) The commissioner is authorized to issue a maximum of five
Class A license plates to be used on vehicles assigned to the
Division of Motor Vehicle investigators for commercial driver
examination fraud investigation and driver's license issuance fraud
detection and fraud prevention.

(i) The commissioner is authorized to issue an unlimited
number of license plates per applicant to authorized drug and
violent crime task forces in the State of West Virginia when the
chairperson of the control group of a drug and violent crime task
force signs a written affidavit stating that the vehicle or
vehicles for which the plates are being requested will be used only
for official undercover work conducted by a drug and violent crime
task force.

(j) The commissioner is authorized to issue twenty Class A
license plates to the Criminal Investigation Division of the Department of Revenue for use by its investigators.

(k) The commissioner may issue a maximum of ten Class A
license plates to the Division of Natural Resources for use by
natural resources police officers. The commissioner shall
designate the color and design of the registration plates to be
displayed on the front and the rear of all other state-owned
vehicles owned by the Division of Natural Resources and operated by
natural resources police officers.

(l) The commissioner is authorized to issue an unlimited
number of Class A license plates to the Commission on Special
Investigations for state-owned vehicles used for official
undercover work conducted by the Commission on Special
Investigations.

(m) The commissioner is authorized to issue a maximum of two
Class A plates to the Division of Protective Services for state-
owned vehicles used by the Division of Protective Services in
fulfilling its mission.

(n) The commissioner is authorized to issue Class A
registration plates for vehicles used by the Medicaid Fraud Control
Unit created by section seven, article seven, chapter nine of this
code.

(o) The commissioner is authorized to issue Class A
registration plates for vehicles used by the West Virginia
Insurance Fraud Unit created by section eight, article forty-one,
chapter thirty-three of this code.

(p) No other registration plate may be issued for, or attached
to, any state-owned vehicle.

(q) The Commissioner of Motor Vehicles shall have a sufficient
number of both front and rear plates produced to attach to all
state-owned cars. The numbered registration plates for the
vehicles shall start with the number five hundred and the
commissioner shall issue consecutive numbers for all state-owned
cars.

(r) It is the duty of each office, department, bureau,
commission or institution furnished any vehicle to have plates as
described herein affixed thereto prior to the operation of the
vehicle by any official or employee.

(s) The commissioner may issue special registration plates for
motor vehicles titled in the name of the Division of Public Transit
or in the name of a public transit authority as defined in this
subsection and operated by a public transit authority or a public
transit provider to transport persons in the public interest. For
purposes of this subsection, "public transit authority" means an
urban mass transportation authority created pursuant to the
provisions of article twenty-seven, chapter eight of this code or
a nonprofit entity exempt from federal and state income taxes under
the Internal Revenue Code and whose purpose is to provide mass
transportation to the public at large. The special registration
plate shall be designed by the commissioner and shall display the
words "public transit" or words or letters of similar effect to
indicate the public purpose of the use of the vehicle. The special
registration plate shall be issued without charge.

(t) Any person who violates the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $100. Magistrates have
concurrent jurisdiction with circuit courts for the enforcement of
this section.

(a) The governor may authorize the commissioner of motor
vehicles or his or her designee to waive temporarily any
requirements under the provisions of this chapter, or any other
provision of this code relating to any permits, authorizations or
licenses required to operate a motor vehicle in this state:
Provided,
That such temporary waiver shall be for the sole purpose
of facilitating the response of motor carriers providing
humanitarian relief during time of emergency officially declared by
the president of the United States, the governor of this state or
the chief executive of any other state or jurisdiction: Provided,
however,
That the following conditions are satisfied:

(1) The driver of any such vehicle shall be properly licensed
in his state of residency;

(2) The motor vehicle to be operated is properly licensed and
registered in this or any other state; and

(3) The motor vehicle to be operated satisfies all motor
vehicle insurance requirements or provisions of its state of
registration.

(b) Proof of the insurance required by subdivision (3),
subsection (a) of this section shall be carried in the cab of the
motor vehicle.

(c) Any motor vehicle operating pursuant to this section shall
be issued a statement from the person or entity authorizing the transport of such goods or materials certifying that the motor
carrier is providing humanitarian relief without compensation on a
volunteer basis and including a description of materials or goods
being transported during the time of declared emergency while it is
in this state. Such statement shall be carried in the cab of the
motor vehicle and be made available for inspection upon request of
the commissioner, any of his or her designees, or any
law-enforcement officer.

(d) The commissioner of motor vehicles shall determine at the
time the temporary waiver is issued the length of time such waiver
shall be in effect: Provided,
That all temporary waivers issued
pursuant to this section shall become void upon the termination of
the time of emergency as determined by the president of the United
States, the governor of this state or the chief executive of any
other state or jurisdiction.

WVC 17 A- 3 A- 2
§17A-3A-2. Consumer disclosure.
Before a motor vehicle not originally manufactured in
accordance with the laws and regulations of the United States Clean
Air Act and the Motor Vehicle Safety Act can be sold to a consumer
in this state, the seller must provide the purchaser with full
written disclosure of all modifications performed to the vehicle.
This disclosure consists of a description phrased in terms
reasonably understandable to a consumer with no specialized
technical training, accompanied by a copy of the technical
submissions made to the environmental protection agency and
department of transportation in order to obtain certification of
compliance. Failure to make this disclosure renders the sale
voidable.

WVC 17 A- 3 A- 3
§17A-3A-3. Certificates of title.
(a) Before any imported vehicle which has not previously been

titled or registered in the United States may be titled in this
state, the applicant must submit: (1) A manufacturer's certificate
of origin issued by the actual vehicle manufacturer together with
a notarized translation thereof; or (2) the documents constituting
valid proof of ownership by an individual owner or exporter and
evidencing a change of such ownership to the applicant, together
with a notarized translation of any document; or (3) with regard to
vehicles imported from countries which cancel the vehicle
registration and title for export, the documents assigned to such
vehicle after the registration and title have been canceled,
together with a notarized translation thereof, and proof
satisfactory to the division that the motor vehicle complies with
the United States Clean Air Act and the Motor Vehicle Safety Act.

(b) In the event that the documents submitted as required by
subsection (a) of this section do not name as owner the current
applicant for a certificate of title, the applicant must also
submit reliable proof of a chain of title. For those countries
which utilize documents of registration rather than a certificate
of title, proof of a chain of title for purposes of this subsection
shall be accomplished by presenting the change of ownership
certificate referred to in subsection (a) of this section.

WVC 17 A- 4 -
ARTICLE 4. TRANSFERS OF TITLE OR INTEREST.

WVC 17 A- 4 - 1
§17A-4-1. Registration expires on transfer by owner; transfer,
surrender or retention of plates.
Whenever the owner of a registered vehicle transfers or
assigns his title, or interest thereto, the registration of such
vehicle shall expire: Provided,
That such owner, if he has made
application to the department within sixty days from the date of
purchase to have said registration plates transferred to be used on
another vehicle owned by said owner, may then operate the other
vehicle for a period of sixty days, but in no event longer than
sixty days from the date of original transfer. Upon such transfer,
it shall be the duty of the original owner to retain the
registration plates issued therefor and to immediately notify the
commissioner of such transfer upon such form as may be provided
therefor and to deliver to him the certificate of registration,
whereupon the commissioner shall, upon the payment of a fee of five
dollars, issue a new certificate showing the use to be made of such
plates. Such plates may then be used by such owner on another
vehicle of the same class as the vehicle for which they were
originally issued if such other vehicle does not require a greater
license fee than was required for such original vehicle. If such
other vehicle requires a greater license fee than such original
vehicle, then such plates may be used by paying such difference to
the commissioner. When such transfer of ownership is made to a
licensed dealer in motor vehicles it shall be the duty of such
dealer to immediately execute notification of transfer, in
triplicate, and to have this notification properly signed by the
owner making the transfer. The dealer shall immediately forward to the department the original copy of the notification of transfer.
One copy of the notification of transfer shall be given to the
owner and one shall be retained by the dealer. The owner shall
immediately send to the department the transfer fee of five dollars
with any additional fee that may be required under the terms of
this chapter. The owner's copy, properly signed by the dealer,
will be the owner's identification until he receives a new
registration card from the department.

The owner of a set of registration plates may surrender them
to the commissioner together with the registration card and, upon
the payment of five dollars as an exchange fee and upon the payment
of such additional fees as are necessary to equalize the value of
the plates surrendered with the value of registration plates
desired, receive in exchange a set of plates and registration card
for a vehicle of a different class.

WVC 17 A- 4 - 2
§17A-4-2. Endorsement of certificate of title upon transfer by
owner.
Whenever the owner of a registered vehicle transfers or
assigns his title, he shall endorse an assignment and warranty of
title upon the certificate of title for such vehicle with a
statement of all liens and encumbrances thereon, which statement
shall be verified under oath by the owner, and he shall within
sixty days from date of sale deliver the certificate of title to
the purchaser or transferee, except in the case of a vehicle sold
as scrap or to be dismantled.

WVC 17 A- 4 - 3
§17A-4-3. New owner must secure registration and certificate of
title.
The transferee before operating or permitting the operation
of such vehicle upon a highway shall apply for and obtain the
registration thereof, as upon an original registration, except as
otherwise permitted in sections thirteen and fifteen, article
six, or by any other provisions of this chapter: Provided, That
such transferee may operate such vehicle under the registration
of its previous owner for a period of not more than ten days as
provided in section one, article three of this chapter.

A transferee shall at the same time present the certificate
of title endorsed and assigned as hereinbefore provided to the
department and make application for and obtain a new certificate
of title for such vehicle, except as otherwise permitted in
sections four and five of this article.

WVC 17 A- 4 - 4
§17A-4-4. Transfers to dealers and others.
When the transferee of a vehicle is a dealer who holds the
same for resale and lawfully operates the same under dealer's
plates, such dealer shall not be required to obtain a new
registration of said vehicle or be required to forward the
certificate of title to the department, but such dealer upon
transferring his title or interest to another person shall execute
and acknowledge an assignment and warranty of title upon the
certificate of title and deliver the same not later than sixty days
from date of sale to the person to whom such transfer is made.

When the transferee of a vehicle does not drive such vehicle
or permit it to be driven upon the highways, such transferee shall
not be required to obtain a new registration of said vehicle, but
such transferee shall be required within sixty days from the date
of such transfer to forward the certificate of title to the
department accompanied by an application for a new certificate of
title in his name.

WVC 17 A- 4 - 5
§17A-4-5. Transfer by operation of law.

Whenever the title or interest of an owner in or to a
registered vehicle shall pass to another otherwise than by
voluntary transfer, the registration thereof shall expire and the
vehicle shall not be operated upon the highways unless and until
the person entitled to possession of such vehicle shall apply for
and obtain the registration thereof, except that such vehicle may
be operated by the person entitled to its possession or his legal
representative upon the highways for a distance not exceeding
seventy-five miles upon displaying upon such vehicle the
registration plates issued to the former owner, or in the event
title has become vested in the person holding a lien or encumbrance
upon said vehicle, such person may apply to the department for and
obtain special plates as may be issued under this chapter to
dealers or others and may operate any said repossessed vehicle
under such special plates only for purposes of transporting the
same to a garage or warehouse or for purposes of demonstrating or
selling the same: Provided,
That the commissioner is authorized to
transfer the plates and registration of a deceased person to his
legal heir or legatee without payment of any fee and the legal heir
or legatee may keep and use the same license plate until it
regularly expires.

Upon any transfer the new owner may secure a new registration
and certificate of title upon proper application and upon
presentation of the last certificate of title, if available, and
such instruments or documents of authority or certified copies
thereof as may be sufficient or required by law to evidence or effect a transfer of title or interest in or to chattels in such
case. In the event title has become vested in the person or
financial institution holding a lien or encumbrance upon said
vehicle, such person or institution need not obtain a new
registration of said vehicle or forward the certificate of title to
the department in order to sell the vehicle, but the person or
institution upon transfer of title or interest to another shall
execute and acknowledge an assignment and warranty of title upon
the certificate of title and deliver the same not later than sixty
days from the date of sale to the purchaser. The person or
institution holding a lien or encumbrance upon the vehicle who
acquires the vehicle as a result of the lien or encumbrance and
subsequently, within sixty days, sells the vehicle in satisfaction
of the debt creating the lien or encumbrance, shall not be subject
to any privilege tax or personal property tax on the vehicle
imposed by any other section.

WVC 17 A- 4 - 6
§17A-4-6. When department to register vehicle and issue new
certificate; file of surrendered certificates.
The department upon receipt of a properly endorsed
certificate of title and proper application for registration
accompanied by the required fee and when satisfied as to the
genuineness and regularity of said transfer and of the right of
the transferee to a certificate of title shall reregister the
vehicle as upon a new registration in the name of the new owner
and issue a new certificate of title as upon an original
application.

The department shall retain and appropriately file every
surrendered certificate of title, such file to be so maintained
as to permit the tracing of title of the vehicles designated
therein.

WVC 17 A- 4 - 7
§17A-4-7. Release by lienholder to owner.
A person holding a lien or encumbrance as shown upon a
certificate of title upon a vehicle may release the lien or
encumbrance or assign his or her interest to the owner without
affecting the registration of the vehicle. The division, upon
receiving an electronic acknowledgment of a release of lien from
the lienholder or a certificate of title upon which a lienholder
has released or assigned his or her interest to the owner or upon
receipt of a certificate of title not so endorsed but accompanied
by a legal release from a lienholder of this interest in or to a
vehicle, shall issue a new certificate of title as upon an
original application. The division, upon receiving an electronic
acknowledgment of a release of lien from the lienholder shall
issue, without further application or fee a new certificate of
title free of any lien or encumbrance to the vehicle owner to the
address shown in the division's records.

WVC 17 A- 4 - 8
§17A-4-8. Failure to deliver certificate a misdemeanor.
It is a misdemeanor for any person to fail or neglect to
properly endorse and deliver a certificate of title to a
transferee or owner lawfully entitled thereto.

WVC 17 A- 4 - 9
§17A-4-9. Owner after transfer not liable for negligent
operation.
The owner of a motor vehicle who has made a bona fide sale
or transfer of his title or interest and who has delivered
possession of such vehicle and the certificate of title thereto
properly endorsed to the purchaser or transferee shall not be
liable for any damages thereafter resulting from negligent
operation of such vehicle by another.

(a) In the event a motor vehicle is determined to be a total
loss or otherwise designated as totaled by an insurance company or
insurer, and upon payment of a total loss claim to an insured or
claimant owner for the purchase of the vehicle, the insurance
company or the insurer, as a condition of the payment, shall
require the owner to surrender the certificate of title: Provided,
That an insured or claimant owner may choose to retain physical
possession and ownership of a total loss vehicle. If the vehicle
owner chooses to retain the vehicle and the vehicle has not been
determined to be a cosmetic total loss in accordance with
subsection (d) of this section, the insurance company or insurer
shall also require the owner to surrender the vehicle registration
certificate. The term "total loss" means a motor vehicle which has
sustained damages equivalent to seventy-five percent or more of the
market value as determined by a nationally accepted used car value
guide or meets the definition of a flood-damaged vehicle as defined
in this section.

(b) The insurance company or insurer shall, prior to the
payment of the total loss claim, determine if the vehicle is
repairable, cosmetically damaged or nonrepairable. Within ten days
of payment of the total loss claim, the insurance company or
insurer shall surrender the certificate of title, a copy of the
claim settlement, a completed application on a form prescribed by
the commissioner and the registration certificate if the owner has chosen to keep the vehicle to the Division of Motor Vehicles.

(c) If the insurance company or insurer determines that the
vehicle is repairable, the division shall issue a salvage
certificate, on a form prescribed by the commissioner, in the name
of the insurance company, the insurer or the vehicle owner if the
owner has chosen to retain the vehicle. The certificate shall
contain, on the reverse, spaces for one successive assignment
before a new certificate at an additional fee is required. Upon
the sale of the vehicle, the insurance company, insurer or vehicle
owner if the owner has chosen to retain the vehicle, shall complete
the assignment of ownership on the salvage certificate and deliver
it to the purchaser. The vehicle may not be titled or registered
for operation on the streets or highways of this state unless there
is compliance with subsection (g) of this section. The division
shall charge a fee of $15 for each salvage title issued.

(d) If the insurance company or insurer determines the damage
to a totaled vehicle is exclusively cosmetic and no repair is
necessary in order to legally and safely operate the motor vehicle
on the roads and highways of this state, the insurance company or
insurer shall, upon payment of the claim, submit the certificate of
title to the division. Neither the insurance company nor the
division may require the vehicle owner to surrender the
registration certificate in the event of a cosmetic total loss
settlement.

(1) The division shall, without further inspection, issue a
title branded "cosmetic total loss" to the insured or claimant
owner if the insured or claimant owner wishes to retain possession of the vehicle, in lieu of a salvage certificate. The division
shall charge a fee of $5 for each cosmetic total loss title issued.
The terms "cosmetically damaged" and "cosmetic total loss" do not
include any vehicle which has been damaged by flood or fire. The
designation "cosmetic total loss" on a title may not be removed.

(2) If the insured or claimant owner elects not to take
possession of the vehicle and the insurance company or insurer
retains possession, the division shall issue a cosmetic total loss
salvage certificate to the insurance company or insurer. The
division shall charge a fee of $15 for each cosmetic total loss
salvage certificate issued. The division shall, upon surrender of
the cosmetic total loss salvage certificate issued under the
provisions of this paragraph and payment of the five percent motor
vehicle sales tax on the fair market value of the vehicle as
determined by the commissioner, issue a title branded "cosmetic
total loss" without further inspection.

(e) If the insurance company or insurer determines that the
damage to a totaled vehicle renders it nonrepairable, incapable of
safe operation for use on roads and highways and as having no
resale value except as a source of parts or scrap, the insurance
company or vehicle owner shall, in the manner prescribed by the
commissioner, request that the division issue a nonrepairable motor
vehicle certificate in lieu of a salvage certificate. The division
shall issue a nonrepairable motor vehicle certificate without
charge.

(f) Any owner who scraps, compresses, dismantles or destroys
a vehicle without further transfer or sale for which a certificate of title, nonrepairable motor vehicle certificate or salvage
certificate has been issued shall, within forty-five days,
surrender the certificate of title, nonrepairable motor vehicle
certificate or salvage certificate to the division for
cancellation.

(g) Any person who purchases or acquires a vehicle as salvage
or scrap, to be dismantled, compressed or destroyed, shall, within
forty-five days, surrender to the division the certificate of
title, nonrepairable motor vehicle certificate, salvage certificate
or a statement of cancellation signed by the seller, on a form
prescribed by the commissioner. Subsequent purchasers of salvage
or scrap are not required to comply with the notification
requirement.

(h) If the motor vehicle is a "reconstructed vehicle" as
defined in this section or section one, article one of this
chapter, it may not be titled or registered for operation until it
has been inspected by an official state inspection station and by
the Division of Motor Vehicles. Following an approved inspection,
an application for a new certificate of title may be submitted to
the division. The applicant is required to retain all receipts for
component parts, equipment and materials used in the
reconstruction. The salvage certificate shall also be surrendered
to the division before a certificate of title may be issued with
the appropriate brand.

(I) The owner or title holder of a motor vehicle titled in
this state which has previously been branded in this state or
another state as salvage, reconstructed, cosmetic total loss, cosmetic total loss salvage, flood, fire, an equivalent term under
another state's laws or a term consistent with the intent of the
National Motor Vehicle Title Information System established
pursuant to 49 U. S. C.§30502 shall, upon becoming aware of the
brand, apply for and receive a title from the Division of Motor
Vehicles on which the brand "reconstructed", "salvage", "cosmetic
total loss", "cosmetic total loss salvage", "flood", "fire" or
other brand is shown. The division shall charge a fee of $5 for
each title so issued.

(j) If application is made for title to a motor vehicle, the
title to which has previously been branded reconstructed, salvage,
cosmetic total loss, cosmetic total loss salvage, flood, fire or
other brand by the Division of Motor Vehicles under this section
and said application is accompanied by a title from another state
which does not carry the brand, the division shall, before issuing
the title, affix the brand "reconstructed", "cosmetic total loss",
"cosmetic total loss salvage", "flood", "fire" or other brand to
the title. The motor vehicle sales tax paid on a motor vehicle
titled as reconstructed, cosmetic total loss, flood, fire or other
brand under the provisions of this section shall be based on fifty
percent of the fair market value of the vehicle as determined by a
nationally accepted used car value guide to be used by the
commissioner.

(k) The division shall charge a fee of $15 for the issuance of
each salvage certificate or cosmetic total loss salvage certificate
but shall not require the payment of the five percent motor vehicle
sales tax. However, upon application for a certificate of title for a reconstructed, cosmetic total loss, flood or fire damaged
vehicle or other brand, the division shall collect the five percent
privilege tax on the fair market value of the vehicle as determined
by the commissioner unless the applicant is otherwise exempt from
the payment of such privilege tax. A wrecker/dismantler/rebuilder,
licensed by the division, is exempt from the payment of the five
percent privilege tax upon titling a reconstructed vehicle. The
division shall collect a fee of $35 per vehicle for inspections of
reconstructed vehicles. These fees shall be deposited in a special
fund created in the State Treasurer's Office and may be expended by
the division to carry out the provisions of this article:
Provided, That on and after July 1, 2007, any balance in the
special fund and all fees collected pursuant to this section shall
be deposited in the State Road Fund. Licensed
wreckers/dismantlers/rebuilders may charge a fee not to exceed $25
for all vehicles owned by private rebuilders which are inspected at
the place of business of a wrecker/dismantler/rebuilder.

(l) As used in this section:

(1) "Reconstructed vehicle" means the vehicle was totaled
under the provisions of this section or by the provisions of
another state or jurisdiction and has been rebuilt in accordance
with the provisions of this section or in accordance with the
provisions of another state or jurisdiction or meets the provisions
of subsection (m), section one, article one of this chapter.

(2) "Flood-damaged vehicle" means that the vehicle was
submerged in water to the extent that water entered the passenger
or trunk compartment.

(3) "Other brand" means a brand consistent with the intent of
the National Motor Vehicle Title Information System established
pursuant to 49 U. S. C. §30502 and rules promulgated by the United
States Department of Justice to alert consumers, motor vehicle
dealers or the insurance industry of the history of a vehicle.

(m) Every vehicle owner shall comply with the branding
requirements for a totaled vehicle whether or not the owner
receives an insurance claim settlement for a totaled vehicle.

(n) A certificate of title issued by the division for a
reconstructed vehicle shall contain markings in bold print on the
face of the title that it is for a reconstructed, flood- or fire-
damaged vehicle.

(o) Any person who knowingly provides false or fraudulent
information to the division that is required by this section in an
application for a title, a cosmetic total loss title, a
reconstructed vehicle title or a salvage certificate or who
knowingly fails to disclose to the division information required by
this section to be included in the application or who otherwise
violates the provisions of this section is guilty of a misdemeanor
and, upon conviction thereof, shall for each incident be fined not
less than $1,000 nor more than $2,500, or imprisoned in jail for
not more than one year, or both fined and imprisoned.

WVC 17 A- 4 - 11
§17A-4-11.

Repealed.

Acts, 1970 Reg. Sess., Ch. 56.

WVC 17 A- 4 - 12
§17A-4-12.

Repealed.

Acts, 1970 Reg. Sess., Ch. 56.

WVC 17 A- 4 A-
ARTICLE 4A. LIENS AND ENCUMBRANCES ON VEHICLES TO BE SHOWN ON
CERTIFICATE OF TITLE; NOTICE TO CREDITORS AND
PURCHASERS.

WVC 17 A- 4 A- 1
§17A-4A-1. Certificate to show liens or encumbrances.
The division upon receiving an application for a certificate
of title to a vehicle, trailer, semitrailer, pole trailer,
factory-built home or recreational vehicle for which a certificate
of title is required under article three of this chapter, all of
which are hereinafter in this article referred to as vehicles,
showing liens or encumbrances upon the vehicle, shall, upon issuing
to the owner thereof a certificate of title therefor, show upon the
face of the certificate of title all liens or encumbrances
disclosed by the application. All liens or encumbrances shall be
shown in the order of their priority being according to the
information contained in the application. When an application
shows liens and encumbrances, the information as evidence of the
lien in connection therewith as the division may consider necessary
shall also be furnished. The information shall include the name
and address of the lienholder, the nature and kind of the lien, the
date thereof and the amount thereby secured. However, only the
name and address of the lienholder will be endorsed on the title
certificate. Upon issuing the certificate, the division shall
thereupon send or deliver it by either paper or electronic means to
the holder of the first lien.

WVC 17 A- 4 A- 2
§17A-4A-2. Liens and encumbrances subsequently created.
(a) Liens or encumbrances placed on vehicles by the voluntary
act of the owner after the original issue of title to be properly
recorded must be shown on the certificate of title. In such cases,
the owner or lienholder shall file application with the department
on a blank furnished for that purpose, setting forth the lien or
liens and such information and evidence of the lien in connection
therewith as the department may deem necessary. Such information
shall include the name and address of the lienholder, the kind of
and nature of the lien, the date thereof, and the amount thereby
secured. However, only the name and address of the lienholder
shall be endorsed on the title certificate with the endorsement of
the fact of such lien as hereinafter provided. The department, if
satisfied that it is proper that the same be recorded, and upon
surrender of the certificate of title covering the vehicle, shall
thereupon issue a new certificate of title, showing the liens or
encumbrances in the order of their filing being according to the
date, hour and minute of receipt by the department of the
application for same. For the purpose of recording a subsequent
lien on a certificate of title, the subsequent lienholder shall
make a written request upon the lienholder in possession of the
certificate of title, accompanied by proof of the existence of the
subsequent lien, stating his or her need to have possession of the
certificate of title for the purpose of having his or her lien
recorded thereon by the division of motor vehicles. Thereupon, the lienholder in possession of the certificate shall within a
reasonable time, not to exceed ten days from the receipt of said
written request, deliver the certificate of title to the requesting
subsequent lienholder.

Upon delivery of the certificate of title, the subsequent
lienholder shall immediately forward it and the lienholder's own
application to the division of motor vehicles for the filing of the
lien and for the recording of the same on the certificate of title.
Upon issuing the new certificate, the department shall thereupon
send or deliver it to the holder of the first lien.

(b) The provisions of subsection (a) of this section shall not
apply to: (1) Vehicles held as inventory for sale by a registered
dealer holding title by assignment entered upon a certificate of
title; or (2) vehicles for which certificates of title have been
issued and are held as inventory for lease by a vehicle rental
agency or similar person engaged solely in the business of leasing
vehicles. Any lien or encumbrance placed on such vehicles by the
voluntary act of the owner shall be created and perfected in
accordance with the provisions of article nine, chapter forty-six
of this code.

WVC 17 A- 4 A- 2 A
§17A-4A-2a. Electronic transfer of liens.
(a) Notwithstanding any requirement in this chapter that a
lien on a motor vehicle shall be noted on the face of the
certificate of title, if there are one or more liens or encumbrance
on a vehicle, trailer, semitrailer, pole trailer, factory-built
home or recreational vehicle, the division may electronically
transmit the lien to the first lienholder and notify the first
lienholder of any additional liens. Subsequent lien satisfactions
may be electronically transmitted to the division and shall include
the name and address of the person satisfying the lien and any
other information required by the division as a condition of
participating in the electronic lien information exchange program.

(b) The division may enter into agreements with a service
provider or providers to administer the electronic exchange of lien
information between dealers, financial institutions and the
division. For the purposes of this section the term financial
institutions shall have the same meaning as defined in section ten- b, article six of this chapter.

(c) When electronic transmission of liens and lien
satisfaction is used, a hard copy certificate of title need not be
issued until the last lien is satisfied and a clear hard copy
certificate of title is issued to the owner of the vehicle. When
a vehicle is subject to an electronic lien, the certificate of
title for the vehicle shall be considered to be physically held by
the lienholder for the purpose of compliance with state and federal odometer disclosure requirements and for any other requirement of
this code. A duly certified copy of the division's electronic
record of the lien shall be admissible in any civil, criminal or
administrative proceeding in this state as evidence of the
existence of the lien.

(d) For the purposes of this chapter, whenever reference is
made by this code to the physical production of a certificate of
title as a paper document, or reference to the completion of
information related to recording a lien as a paper document, the
reference shall be understood to also include the transmission and
recordation of the information in an electronic format.

WVC 17 A- 4 A- 3
§17A-4A-3. Notice of lien; noninventory lien created by voluntary
act of the owner not shown on certificate of title or
otherwise perfected void as to subsequent purchasers
and lien creditors; exceptions.
(a) A certificate of title, when issued by the division
showing a lien or encumbrance, shall be considered from and after
the filing with the division of the application therefor or the
notice of lien authorized in section four of this article adequate
notice to the state and its agencies, boards and commissions, to
the United States government and its agencies, boards and
commissions, to creditors and to purchasers that a lien against the
vehicle exists.

(b) Notwithstanding any other provision of this code to the
contrary, and subject to the provisions of subsection (c) of this
section, any lien or encumbrance placed on a vehicle by the
voluntary act of the owner shall be void as against: (i) Any lien
creditor who, without knowledge of the lien, acquires by
attachment, levy or otherwise a lien thereupon, unless the lien or
encumbrance is noted on the certificate of title, a filed
application for certificate of title or the notice of lien
authorized in section four of this article; and (ii) any purchaser
who, without knowledge of the lien or encumbrance, purchases the
vehicle, unless the lien or encumbrance is noted on the certificate of title, a filed application for certificate of title or the
notice of lien authorized in section four of this article:
Provided, That a purchaser under this subsection who purchases the
vehicle without knowledge of the lien or encumbrance and
contemporaneously obtains actual physical possession of the vehicle
and the certificate of title for the vehicle without the lien or
encumbrance noted on the certificate of title, receives the vehicle
free and clear of the lien or encumbrance.

(c) The creation and perfection of a lien against: (1) A
vehicle held as inventory for sale by a registered dealer holding
title by assignment; or (2) a vehicle for which a certificate of
title has been issued and is held as inventory for lease by a
vehicle rental agency or similar person engaged solely in the
business of leasing vehicles in accordance with the provisions of
article nine, chapter forty-six of this code shall be deemed
adequate notice to the state and its agencies, boards and
commissions, to the United States government and its agencies,
boards and commissions, to creditors and to purchasers that a lien
against the vehicle exists, subject to the provisions of section
three hundred seven, article nine, chapter forty-six of this code,
except that any lien or encumbrance on such a vehicle shall not be
effective against the rights of any purchaser for value who purchases the vehicle primarily for personal, family, household or
agricultural purposes unless such lien or encumbrance is recorded
on the certificate of title or specified on the bill of sale.

WVC 17 A- 4 A- 4
§17A-4A-4. Purchase money lien or encumbrance; effective date of
lien; dealer to record lien; fees.
(a) A purchase money lien or encumbrance upon any vehicle
shall be perfected on the date and at time of delivery to the
division of motor vehicles of either the application for a
certificate of title with all supporting documents, or a completed
notice of lien form in a format determined by the division. The
notice of lien form may be submitted to the division in paper
format, facsimile or in any other electronic format approved by the
division.

(b) If perfection occurs through the notice of lien form
pursuant to subsection (a) of this section, an application for
certificate of title must be received by the division of motor
vehicles within sixty days after the date of purchase of the
vehicle or refinancing of such purchase in order to maintain the
perfected status of such lien or encumbrance. When an application
is not filed within the time prescribed, the lien or encumbrance
shall become unperfected on the sixty-first day following the
purchase or refinancing date of the vehicle. If an application for
a certificate of title is received by the division on or after the
sixty-first day, the new perfection date for the lien or
encumbrance is the date the application for a certificate of title
is received by the division. Nothing in this section extends the sixty-day title application filing requirement of section four,
article four of this chapter. The name and address of the lien
holder shall be recorded on this title by the division in either
electronic or paper format.

(c) No certificate of title for a vehicle shall be issued
unless an application is delivered to the division of motor
vehicles.

(d) In all transactions involving a purchase money lien or
encumbrance upon a motor vehicle, the motor vehicle dealer shall
collect and remit to the division of motor vehicles the title, tax
and registration fees required under section four, article three of
this chapter and file and record with the division of motor
vehicles any lien created as a result of the transaction:
Provided, That a motor vehicle dealer may remit the title, tax and
registration fees through any license service that is licensed by
the division of motor vehicles.

(e) No fee may be charged by a motor vehicle dealer for its
services required under this section except that fee authorized by
section one-b, article six of this chapter or subdivision (6),
subsection (a), section one hundred nine, article three, chapter
forty-six-a of this code.

(f) For purposes of this section, a purchase money lien or encumbrance is defined to include: (1) A lien taken or retained by
the seller or the vehicle to secure all or a part of its price; (2)
a lien taken by a person who by making advances or incurring an
obligation gives value to enable another to acquire rights in or
the use of a vehicle if such value is so used; and (3) the
refinancing of either of the foregoing for the sole purpose of
repaying a loan secured by the vehicle.

WVC 17 A- 4 A- 5
§17A-4A-5. Priority of liens shown on certificate.
The liens shown upon a certificate of title issued by the
department pursuant to applications for same shall have priority
over any other liens against such vehicle, however created and
recorded, except as otherwise provided in this article.

WVC 17 A- 4 A- 6
§17A-4A-6. Who to hold certificate of title subject to lien;
transfer of possession upon satisfaction of lien;
assignment of obligation by lien holder.
The certificate of title of such vehicle shall be delivered
to the person, firm or corporation holding the first lien or
encumbrance upon the vehicle and retained by him or them until
the entire amount of his or their lien is fully paid. Thereupon
the certificate of title shall be delivered to the next lien
holder, and so on, or if none, then to the owner of the vehicle.
It shall be the responsibility of each lienor upon the
satisfaction of his lien to deliver said certificate of title to
the lienor next entitled to the possession thereof and, if none
to the owner, which acts of delivery may be accomplished through
registered or certified mail addressed to the lienor or the owner
entitled to such possession at his address as shown upon said
certificate. In the event of assignment of the obligation by a
lienholder who lawfully has possession of the certificate of
title at the time of assignment, the lienholder shall deliver the
certificate of title to his assignee who shall be entitled to
hold the same until the obligation is satisfied, at which time
the assignee shall deliver the certificate of title to the next
lienholder, or if none, then to the owner of the vehicle. In the
event of assignment of the obligation by a lienholder not
entitled to possession of the certificate of title at the time of
assignment, the lienholder shall immediately upon becoming
lawfully entitled to, and obtaining lawful possession of, the
certificate of title, deliver the same to his assignee who shall be entitled to hold the same until the obligation is satisfied,
at which time the assignee shall deliver the certificate of title
to the next lienholder, or if none, then to the owner of the
vehicle.

WVC 17 A- 4 A- 7
§17A-4A-7. Release of lien or encumbrance shown on certificate of
title.
An owner upon securing the release of any lien or encumbrance
upon a vehicle shown upon the certificate of title issued therefor
may exhibit the document evidencing such release, signed by the
person or persons making the release and acknowledged before a
notary public or someone authorized by the laws of this state to
take acknowledgments of deeds, and this document together with the
certificate of title shall be returned to the division; or the
lienholder may release the lien by endorsing across the lien in his
or her favor on the face of the title or closely adjacent thereto
the following words or words of similar effect or purport: "This
lien, this day fully paid, satisfied and released, this day
of ," and duly signing and executing said endorsement
and acknowledging the same before a notary public and having the
notary public execute a certificate of the acknowledgment in the
form required for releasing deeds of trust in this state; or when
it is impossible to secure either such release from the beneficiary
or holder of the lien, the owner may exhibit to the division
whatever evidence may be available showing that the debt secured
has been satisfied, together with a statement by the owner under
oath that the debt has been paid and the certificate of title to
such vehicle. The division when satisfied as to the genuineness
and regularity thereof shall issue to the owner either a new
certificate of title in proper form or an endorsement or rider showing the release of the lien or encumbrance which the division
shall attach to the outstanding certificate of title. For the
purposes of this article, the term release shall mean either an
electronic or paper transaction format.

WVC 17 A- 4 A- 8
§17A-4A-8. Failure to execute release or to surrender certificate
when lien paid.
It shall be unlawful and constitute a misdemeanor for a lienor
who holds a certificate of title either electronically or in a
paper format as provided in this article to refuse or fail to
execute a release as provided for in the next preceding section, or
to refuse or fail to surrender the certificate of title to the
person legally entitled thereto within fifteen days after the lien
shall have been paid and satisfied.

WVC 17 A- 4 A- 9
§17A-4A-9. Levy of execution, etc.
A levy made by virtue of an execution, fieri facias or other
proper court order, upon a vehicle for which application for a
certificate of title has been filed with the department, shall
constitute a recorded lien, with the effect of constructive
notice thereof to all persons, subsequent to holders of liens or
encumbrances theretofore filed with the department, only from and
after the time when the officer making such levy files a report
to and with the department of motor vehicles, on forms provided
therefor by the department, that such levy has been made and that
the vehicle thus levied upon has been seized by and is in the
actual custody of such officer; and the provisions of any other
article, chapter or section of this code to the contrary
notwithstanding, the docketing or recording of any such
execution, fieri facias or other court order in the office of the
clerk of the county court of any county in this state shall not
constitute constructive notice thereof as to any such vehicle.

Such report by such officer shall show among other things
the full names of the parties to the proceeding upon which the
execution, fieri facias or court order is based; the identity of
the court, judge or justice of the peace or other judicial
officer from which said execution, fieri facias or other court
order was issued; the amount required for the satisfaction
thereof; the date thereof; the date and hour when received by the
officer; the date, hour and minute of the levy, attachment or
other execution of said process and the taking into actual
custody of said vehicle; the date returnable; the make, year, body style of the vehicle to which the lien of said execution,
fieri facias or court order relates as well as the name of the
person or persons whose interest or ownership therein is intended
to be affected by the lien of such execution, fieri facias or
court order. Such report shall also show, if known, the serial
number of such vehicle, the current West Virginia registration
card number and current West Virginia registered owner thereof
and current West Virginia license plate number, and if any item
in this sentence enumerated for listing on such report is unknown
to the reporting officer the report shall state that such item is
unknown to the officer. Such report shall be dated, signed and
certified by the reporting officer and such certification shall
constitute an official act on his part. The department shall by
endorsement upon or attachment to its records note the officer's
report and the day and hour and the minute received upon its
record copy of the certificate of title thereby affected; should
such lien be thereafter satisfied or should the vehicle thus
levied upon and seized be thereafter released by such officer, he
shall immediately report that fact to the department of motor
vehicles and the department shall in a like manner note such
fact. Any owner who after such levy and seizure by an officer
and before the report thereof by the officer to the department
shall fraudulently assign or transfer his title to or interest in
such vehicle or cause the certificate of title thereto to be
assigned or transferred or cause a lien or encumbrance to be
shown upon such certificate of title shall be deemed guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five nor more than five hundred dollars, or
imprisoned in jail for not less than ten days nor more than
twelve months.

The actual possession of the levying or attaching officer of
the law or the actual possession of some person, other than the
judgment or attachment debtor, holding such property for the
officer, shall constitute notice of the lien, if any, of the
execution, fieri facias, or other court order under which he
levies and seizes or otherwise takes possession.

For any vehicle as to which an involuntary lien has been
reported and noted by the department and for which there has been
no report of release or satisfaction by the levying or seizing
officer, if application be made for the transfer of title thereto
or issuance of new certificate of title therefor to the current
registered owner or to someone claiming by assignment of titlecertificate from such registered owner or if application be made
pursuant to the provisions of this article for the endorsement
upon the certificate of title to such vehicle of a lien or
encumbrance created by the voluntary act of the owner and the
issuance of a new certificate of title showing the same, such
involuntary lien, for which the department's records show no
report of satisfaction or release, and the information furnished
in the officer's report thereof together with the date, hour and
minute of receipt of such report shall be endorsed upon such new
certificate of title issued pursuant to any of such applications.

WVC 17 A- 4 A- 10
§17A-4A-10. Fee for recording and release of lien.
The division of motor vehicles is hereby authorized to charge
a fee of five dollars for the recording of any lien either in an
electronic or paper format created by the voluntary act of the
owner and endorsing it upon the title certificate issued pursuant
to this article, and the division of motor vehicles is hereby
authorized to charge a fee of fifty cents for recordation of any
release of a lien created by the voluntary act of the owner:
Provided, That no charge shall be made for the endorsement and
recordation of liens or releases thereof as provided under section
nine of this article. No charge shall be made for the issuance of
a title to the owner of a vehicle upon the receipt of an electronic
release of the final lien.

WVC 17 A- 4 A- 11
§17A-4A-11. Article to create no cause of action against lienor
for damage to property or injury to person.
The exercise by the lienor of the rights and privileges in
this article given him shall not in and of itself give rise to a
cause of action against such lienor for damages resulting from
any act or omission of the registered and beneficial owner of the
vehicle in said registered owner's dominion, ownership, use,
operation or control thereof.

WVC 17 A- 4 A- 12
§17A-4A-12. Article not to apply to certain common-law and
statutory liens.
The provisions of this article shall not be construed so as
to require common-law mechanic's liens or repairman's liens, or
the lien of an improver or bailee as provided in article eleven,
chapter thirty-eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, to be shown on the
certificate of title in order to preserve such liens against any
purchaser for value or lien creditor who, in either case, without
notice of such lien or encumbrance, purchases such vehicle or
acquires by attachment, levy or otherwise a lien thereupon.

WVC 17 A- 4 A- 13
§17A-4A-13. Article not to apply to vehicle accessories.
The provisions of this article shall not apply to the
recording of a lien or liens which are created only upon tires,
radios, heaters, or other vehicle accessories.

WVC 17 A- 4 A- 14
§17A-4A-14. Effect of article on liens and encumbrances created
in transactions consummated before vehicle brought
into state and subject to registration and titling
in state.
As to bona fide purchasers for value or lien creditors
without notice, the provisions of this article shall not be
construed so as to invalidate or render void any lien or
encumbrance placed upon a vehicle, by the voluntary act of the
owner, in a transaction consummated before the vehicle is brought
into this state, and before the same is subject to registration
in the state of West Virginia, and before the application for a
West Virginia certificate of title is required so long as such a
lien or encumbrance has been properly recorded according to the
laws of the jurisdiction in which it was created so as to be
valid against bona fide purchasers for value or lien creditors
without notice and so long as such lien or encumbrance is of such
kind, nature and character as the law of this state would
otherwise protect against such purchasers and lien creditors:
Provided, however, That after such vehicle is brought into this
state and after it is required to be registered and titled in
this state, such lien or encumbrance as in this section described
shall be void as to any purchaser for value or lien creditor,
who, in either case, without notice of such lien or encumbrances,
purchases such vehicle or acquires by attachment, levy or
otherwise a lien thereupon, unless such lien holder, within three
months after the removal of such vehicle into this state or
within ten days after such lien holder received notice of such removal, whichever period of time is least, shall, in the manner
set forth in section two of this article file application with
the department in which case the department shall proceed as in
section two of this article.

WVC 17 A- 4 A- 15
§17A-4A-15. Expiration of lien or encumbrance; refiling.
The filing of any lien or encumbrance and its recordation upon
the face of a certificate of title to any vehicle as provided in
this article shall be valid for a period of ten years only from the
date of filing, unless the lien or encumbrance is refiled in the
manner provided in this article for filing and recordation in the
first instance, in which event the lien or encumbrance shall be
valid for successive additional periods of two years from the date
of each refiling: Provided, That in the case of a mobile home or
manufactured home, the filing of any lien or encumbrance and its
recordation upon the face of a certificate of title to the mobile
home or manufactured home shall be valid for a period of
thirty-three years from the date of filing.

When the last lien or encumbrance shown on a certificate of
title becomes invalid by the passage of time as provided in this
section, the commissioner of motor vehicles shall not be required
to maintain a lien index as to the certificate of title.

WVC 17 A- 4 A- 16
§17A-4A-16. Vehicle leases which are not sales or security interests.
In the case of motor vehicles or trailers, notwithstanding any
other provision of law, a transaction does not create a conditional
sale or security interest merely because it provides that the
rental price is permitted or required to be adjusted under the
agreement either upward or downward by reference to the amount
realized upon sale or other disposition of the motor vehicle or
trailer.

WVC 17 A- 5 -
ARTICLE 5. PERMITS TO NONRESIDENT OWNERS.

WVC 17 A- 5 - 1
§17A-5-1. Exemptions from registration of nonresident owners; special permit and certificate in lieu of
registration for nonresidents maintaining temporary
and recurrent or seasonal residence in state.

(a) A nonresident owner, except as otherwise provided in this
section, owning any vehicle registered in a foreign state or
country of a Class A type otherwise subject to registration
hereunder may operate or permit the operation of such vehicle
within this state for a period of thirty days without registering
such vehicle in, or paying any fees to, this state subject to the
condition that such vehicle at all times when operated in this
state is duly registered in and displays upon it a valid
registration card and registration plate or plates issued for such
vehicle in the place of residence of such owner and that such
vehicle is not operated for commercial purposes.

(b) Every nonresident, including any foreign corporation,
carrying on business within this state and owning and regularly
operating in such business any motor vehicle, trailer or
semitrailer or mobile equipment as defined in section one, article
one, chapter seventeen-a of this code, within this state, shall be
required to register each such vehicle and pay the same fee
therefor as is required with reference to like vehicles owned by
residents of this state, except as otherwise provided by reciprocal
agreements with other states accomplished pursuant to sections ten
and ten-a, article two of this chapter.

(c) Any nonresident who accepts or engages in temporary and
recurrent or seasonal employment, business, profession or
occupation in this state and maintains temporary and recurrent or
seasonal residence in this state in connection with such
employment, business, profession or occupation, and any
nonresident, including any corporation carrying on business of a
temporary and recurrent or seasonal nature in this state and owning
and temporarily and recurrently or seasonally operating in such
business any motor vehicle, trailer or semitrailer or mobile
equipment as defined in section one, article one, chapter
seventeen-a of this code, within this state, may operate or permit
the operation of such vehicle within this state without causing
said vehicle to be registered as otherwise required by article
three of this chapter: Provided, That such nonresident, in lieu of
registration of such vehicle, shall make application to the
division and receive a special permit for such vehicle which shall
be evidenced by a metal identification plate and certificate in
writing, which special permit plate and certificate shall together
identify the vehicle for which such special permit and plate shall
issue and such certificate shall bear the name and address of the
owner of such vehicle. Such special permit shall be issued without
previous certification of title to such vehicle as otherwise
required by article three of this chapter or the provisions of
subsection (b) of this section:

(1) Every owner of a vehicle for which such special permit isdesired shall make a verified application to the division for such
special permit upon the appropriate form or forms furnished by the
division and shall bear the signature of the owner written with pen
and ink and shall contain the character of information called for
by section three, article three of this chapter, a description of
the employment, residence, business and location of such business
set forth in such manner as to show the temporary and recurrent or
seasonal nature of such residence, employment, business, profession
or occupation, and that such vehicle is duly registered in the
state of residence of such owner. There shall be an application
for each vehicle for which a special permit is desired.

(2) Any special permit or plate issued by the division under
this section shall be effective and valid for a period of sixty
consecutive days from and including the date of issuance and, upon
similar application by the owner, the commissioner may renew any
such special permit for immediately ensuing similar period or
periods of sixty days in any fiscal year. The division shall
charge a fee of fifty dollars for each special permit issued under
this section:

(A) A special permit shall be issued for one vehicle only and
no combination of two or more vehicles shall be operated under
fewer special permits than the number of vehicles in such
combination. A special permit shall not be issued for any vehicle
which is not duly registered in the state of residence of the owner
thereof.

(B) The registration plate issued for such vehicle by the
state of residence of the owner shall not be displayed on such
vehicle while being operated over any highway during any period for
which a special permit shall have been issued for such vehicle
under this section, but there shall be carried in such vehicle the
certificate of registration issued for such vehicle by the state of
residence of such owner.

(C) Any owner of any vehicle making application to operate
such vehicle upon the highways of this state pursuant to the
provisions of this article shall also be required to comply with
the provisions of chapter seventeen-d of this code prior to
commencing such operation.

(3) The commissioner shall prescribe the substance, form,
color and context of the certificate or special permit and the
special permit plate, each of which shall be visually
distinguishable from the certificates of registration and
registration plates issued under article three of this chapter.

(4) It is a misdemeanor for any person to drive or move or
knowingly to permit to be moved or driven upon any highway any
vehicle for which a special permit shall have been issued under
this section unless such vehicle shall bear the special plate
called for by the certificate evidencing such special permit.

(5) When the employment, business, profession, occupation or
residence of the owner of a vehicle for which such special permit
shall have been issued shall cease to be temporary and recurrent orseasonal, any special permit issued for such vehicle pursuant to
this section shall immediately terminate and become void and such
vehicle shall thereupon become subject to registration under
article three of this chapter or the provisions of subsection (b)
of this section.

(6) Any special permit issued pursuant to this section shall
be valid and effective on and after the first day of a month; that
is, such special permit issued between the first and fifteenth days
of a month shall be effective during sixty consecutive days from
and including the first day of the month in which the permit shall
issue; and a special permit issued after the fifteenth day of any
month shall be effective during sixty consecutive days commencing
with and including the first day of the month next following the
month in which such special permit shall be issued.

(d) Any other provision of this section notwithstanding, any
nonresident referred to in subsection (c) of this section who is
engaged by a public utility, as the latter is defined in chapter
twenty-four of this code, for the exclusive purpose of restoring
the service of said utility as a result of an emergency in which
such service is affected shall be permitted to operate such motor
vehicle, trailer or semitrailer or mobile equipment as defined in
section one, article one, chapter seventeen-a of this code, within
this state, without causing said motor vehicle, trailer or
semitrailer or mobile equipment as defined in section one, article
one, chapter seventeen-a of this code to be registered as otherwiseprovided by this section and article three of this chapter for the
period actually necessary for such restoration but not to exceed a
period of ten consecutive days: Provided, That said motor vehicle,
trailer or semitrailer or mobile equipment shall be registered in
another state upon entry into this state. The provisions of this
subsection shall not affect the requirements of reciprocal
agreements with other states accomplished pursuant to sections ten
and ten-a, article two of this chapter.

(a) Unless the context in which used clearly requires a
different meaning, as used in this article:

(1) "New motor vehicle dealer" means every person (other than
agents and employees, if any, while acting within the scope of
their authority or employment), engaged in, or held out to the
public to be engaged in, the business in this state of selling five
or more new motor vehicles or new and used motor vehicles in any
fiscal year of a type required to be registered under the
provisions of this chapter, except, for the purposes of this
article only, motorcycles.

(2) "Used motor vehicle dealer" means every person (other than
agents and employees, if any, while acting within the scope of
their authority or employment), engaged in, or held out to the
public to be engaged in, the business in this state of selling five
or more used motor vehicles in any fiscal year of a type required
to be registered under the provisions of this chapter, except, for
the purposes of this article only, motorcycles.

(3) "House trailer dealer" means every person (other than
agents and employees, if any, while acting within the scope of
their authority or employment), engaged in, or held out to the
public to be engaged in, the business in this state of selling new
or used house trailers, or both, or new or used, or both, house
trailers and trailers or new or used, or both, manufactured homes and mobile homes.

(4) "Trailer dealer" means every person (other than agents and
employees, if any, while acting within the scope of their authority
or employment), engaged in, or held out to the public to be engaged
in, the business in this state of selling new or used trailers.

(5) "Motorcycle dealer" means every person (other than agents
and employees, if any, while acting within the scope of their
authority or employment), engaged in, or held out to the public to
be engaged in, the business in this state of selling new or used
motorcycles.

(6) "Used parts dealer" means every person (other than agents
and employees, if any, while acting within the scope of their
authority or employment), engaged in, or held out to the public to
be engaged in, the business in this state of selling any used
appliance, accessory, member, portion or other part of any vehicle.

(7) "Wrecker/dismantler/rebuilder" means every person (other
than agents and employees, if any, while acting within the scope of
their authority or employment), engaged in, or held out to the
public to be engaged in, the business in this state of dealing in
wrecked or damaged motor vehicles or motor vehicle parts for the
purpose of selling the parts thereof or scrap therefrom or who is
in the business of rebuilding salvage motor vehicles for the
purpose of resale to the public.

(8) "New motor vehicles" means all motor vehicles, except motorcycles and used motor vehicles, of a type required to be
registered under the provisions of this chapter.

(9) "Used motor vehicles" means all motor vehicles, except
motorcycles, of a type required to be registered under the
provisions of this chapter which have been sold and operated, or
which have been registered or titled, in this or any other state or
jurisdiction.

(10) "House trailers" means all trailers designed and used for
human occupancy on a continual nonrecreational basis, but may not
include fold-down camping and travel trailers, mobile homes or
manufactured homes.

(11) "Trailers" means all types of trailers other than house
trailers, and shall include, but not be limited to, pole trailers
and semitrailers but excluding recreational vehicles.

(12) "Sales instrument" means any document resulting from the
sale of a vehicle, which shall include, but not be limited to, a
bill of sale, invoice, conditional sales contract, chattel
mortgage, chattel trust deed, security agreement or similar
document.

(13) "Sell", "sale" or "selling", in addition to the ordinary
definitions of the terms, includes offering for sale, soliciting
sales of, negotiating for the sale of, displaying for sale or
advertising for sale, any vehicle, whether at retail, wholesale or
at auction. "Selling", in addition to the ordinary definition of that term, also includes buying and exchanging.

(14) "Applicant" means any person making application for an
original or renewal license certificate under the provisions of
this article.

(15) "Licensee" means any person holding any license
certificate issued under the provisions of this article.

(16) "Predecessor" means the former owner or owners or
operator or operators of any new motor vehicle dealer business or
used motor vehicle dealer business.

(17) "Established place of business" means, in the case of a
new motor vehicle dealer, a permanent location, not a temporary
stand or other temporary quarters, owned or leased by the licensee
or applicant and actually occupied or to be occupied by him or her,
as the case may be, which is or is to be used exclusively for the
purpose of selling new motor vehicles or new and used motor
vehicles, which shall have space under roof for the display of at
least one new motor vehicle and facilities and space therewith for
the servicing and repair of at least one motor vehicle, which
servicing and repair facilities and space is adequate and suitable
to carry out servicing and to make repairs necessary to keep and
carry out all representations, warranties and agreements made or to
be made by the dealer with respect to motor vehicles sold by him or
her, which is easily accessible to the public, which conforms to
all applicable laws of this state and the ordinances of the municipality in which it is located, if any, which displays thereon
at least one permanent sign, clearly visible from the principal
public street or highway nearest the location and clearly stating
the business which is or shall be conducted thereat, and which has
adequate facilities to keep, maintain and preserve records, papers
and documents necessary to carry on the business and to make the
business available to inspection by the commissioner at all
reasonable times: Provided, That each established place of business
shall have a display area which may be outside or inside or a
combination thereof of at least one thousand two hundred square
feet which is to be used exclusively for the display of vehicles
which are offered for sale by the dealer, office space of at least
one hundred forty-four square feet and a telephone listed in the
name of the dealership. Each established place of business shall
be open to the public a minimum of twenty hours per week at least
forty weeks per calendar year with at least ten of those hours
being between the hours of 9:30 a.m. and 8:30 p.m., Monday through
Saturday: Provided, however, That the requirement of exclusive use
is met even though: (A) Some new and any used motor vehicles sold
or to be sold by the dealer or sold or are to be sold at a
different location or locations not meeting the definition of an
established place of business of a new motor vehicle dealer, if
each location is or is to be served by other facilities and space
of the dealer for the servicing and repair of at least one motor vehicle, adequate and suitable as aforesaid, and each location used
for the sale of some new and any used motor vehicles otherwise
meets the definition of an established place of business of a used
motor vehicle dealer; (B) house trailers, trailers or motorcycles
are sold or are to be sold thereat, if, subject to the provisions
of section five of this article, a separate license certificate is
obtained for each type of vehicle business, which license
certificate remains unexpired, unsuspended and unrevoked; (C) farm
machinery is sold thereat; (D) accessory, gasoline and oil, or
storage departments are maintained thereat, if the departments are
operated for the purpose of furthering and assisting in the
licensed business or businesses; and (E) the established place of
business has an attached single residential rental unit with an
outside separate entrance and occupied by a person or persons with
no financial or operational interest in the dealership where the
established place of business has space under roof for the display
of at least three new motor vehicles and facilities and space
therewith for the concurrent servicing and repair of at least two
motor vehicles and otherwise meets the requirements set forth in
this subdivision.

(18) "Farm machinery" means all machines and tools used in the
production, harvesting or care of farm products.

(19) "Established place of business", in the case of a used
motor vehicle dealer, means a permanent location, not a temporary stand or other temporary quarters, owned or leased by the licensee
or applicant and actually occupied or to be occupied by him or her,
as the case may be, which is or is to be used exclusively for the
purpose of selling used motor vehicles, which shall have facilities
and space therewith for the servicing and repair of at least one
motor vehicle, which servicing and repair facilities and space
shall be adequate and suitable to carry out servicing and to make
repairs necessary to keep and carry out all representations,
warranties and agreements made or to be made by the dealer with
respect to used motor vehicles sold by him or her, which is easily
accessible to the public, conforms to all applicable laws of this
state, and the ordinances of the municipality in which it is
located, if any, which displays thereon at least one permanent
sign, clearly visible from the principal public street or highway
nearest the location and clearly stating the business which is or
shall be conducted thereat, and which has adequate facilities to
keep, maintain and preserve records, papers and documents necessary
to carry on the business and to make the business available to
inspection by the commissioner at all reasonable times: Provided,
That each established place of business shall have a display area
which may be outside or inside or a combination thereof of at least
one thousand two hundred square feet which is to be used
exclusively for the display of vehicles which are offered for sale
by the dealer, office space of at least one hundred forty-four square feet and a telephone listed in the name of the dealership.
Each established place of business shall be open to the public a
minimum of twenty hours per week at least forty weeks per calendar
year with at least ten of those hours being between the hours of
9:30 a.m. and 8:30 p.m., Monday through Saturday: Provided,
however, That if a used motor vehicle dealer has entered into a
written agreement or agreements with a person or persons owning or
operating a servicing and repair facility or facilities adequate
and suitable as aforesaid, the effect of which agreement or
agreements is to provide the servicing and repair services and
space in like manner as if the servicing and repair facilities and
space were located in or on the dealer's place of business, then,
so long as the agreement or agreements are in effect, it is not
necessary for the dealer to maintain the servicing and repair
facilities and space at the place of business in order for the
place of business to be an established place of business as herein
defined: Provided further, That the requirement of exclusive use is
met even though: (A) House trailers, trailers or motorcycles are
sold or are to be sold thereat, if, subject to the provisions of
section five of this article, a separate license certificate is
obtained for each type of vehicle business, which license
certificate remains unexpired, unsuspended and unrevoked; (B) farm
machinery is sold thereat; (C) accessory, gasoline and oil, or
storage departments are maintained thereat, if the departments are operated for the purpose of furthering and assisting in the
licensed business or businesses; and (D) the established place of
business has an attached single residential rental unit with an
outside separate entrance and occupied by a person or persons with
no financial or operational interest in the dealership where the
established place of business has space under roof for the display
of at least three motor vehicles and facilities and space therewith
for the concurrent servicing and repair of at least two motor
vehicles and otherwise meets the requirements set forth herein.

(20) "Established place of business", in the case of a house
trailer dealer, trailer dealer, recreational vehicle dealer,
motorcycle dealer, used parts dealer and wrecker or dismantler,
means a permanent location, not a temporary stand or other
temporary quarters, owned or leased by the licensee or applicant
and actually occupied or to be occupied by the licensee, as the
case may be, which is easily accessible to the public, which
conforms to all applicable laws of this state and the ordinances of
the municipality in which it is located, if any, which displays
thereon at least one permanent sign, clearly visible from the
principal public street or highway nearest the location and clearly
stating the business which is or shall be conducted thereat, and
which has adequate facilities to keep, maintain and preserve
records, papers and documents necessary to carry on the business
and to make the business available to inspection by the commissioner at all reasonable times.

(21) "Manufacturer" means every person engaged in the business
of reconstructing, assembling or reassembling vehicles with a
special type body required by the purchaser if the vehicle is
subject to the title and registration provisions of this code.

(22) "Transporter" means every person engaged in the business
of transporting vehicles to or from a manufacturing, assembling or
distributing plant to dealers or sales agents of a manufacturer, or
purchasers.

(23) "Recreational vehicle dealer" means every person (other
than agents and employees, if any, while acting within the scope of
their authority or employment), engaged in, or held out to the
public to be engaged in, the business in this state of selling new
or used recreational vehicles, or both.

(24) "Motorboat" means any vessel propelled by an electrical,
steam, gas, diesel or other fuel-propelled or -driven motor,
whether or not the motor is the principal source of propulsion, but
does not include a vessel which has a valid marine document issued
by the bureau of customs of the United States government or any
federal agency successor thereto.

(25) "Motorboat trailer" means every vehicle designed for or
ordinarily used for the transportation of a motorboat.

(26) "All-terrain vehicle" (ATV) means any motor vehicle
designed for off-highway use and designed to travel on not less than three low-pressure or nonhighway tires, is fifty inches or
less in width and intended by the manufacturer to be used by a
single operator or is specifically designed by the manufacturer
with seating for each passenger. "All-terrain vehicle" and "ATV"
does not include mini trucks, golf carts, riding lawnmowers or
tractors.

(27) "Travel trailer" means every vehicle, mounted on wheels,
designed to provide temporary living quarters for recreational,
camping or travel use of such size or weight as not to require
special highway movement permits when towed by a motor vehicle and
of gross trailer area less than four hundred square feet.

(28) "Fold-down camping trailer" means every vehicle
consisting of a portable unit mounted on wheels and constructed
with collapsible partial sidewalls which fold for towing by another
vehicle and unfold at the camp site to provide temporary living
quarters for recreational, camping or travel use.

(29) "Motor home" means every vehicle, designed to provide
temporary living quarters, built into an integral part of or
permanently attached to a self-propelled motor vehicle, chassis or
van including: (1) Type A motor home built on an incomplete truck
chassis with the truck cab constructed by the second-stage
manufacturer; (2) Type B motor home consisting of a van-type
vehicle which has been altered to provide temporary living
quarters; and (3) Type C motor home built on an incomplete van or truck chassis with a cab constructed by the chassis manufacturer.

(30) "Snowmobile" means a self-propelled vehicle intended for
travel primarily on snow and driven by a track or tracks in contact
with the snow and steered by a ski or skis in contact with the
snow.

(34) "Manufactured home" has the same meaning as the term is
defined in section two, article nine, chapter twenty-one of this
code which meets the National Manufactured Housing Construction and
Safety Standards Act of 1974 (42 U. S. C.§5401 et seq.), effective
on June 15, 1976, and the federal manufactured home construction
and safety standards and regulations promulgated by the Secretary
of the United States Department of Housing and Urban Development.

(35) "Mobile home" means a transportable structure that is
wholly, or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly
and installation on a building site and designed for long-term
residential use and built prior to enactment of the federal
Manufactured Housing Construction and Safety Standards Institute
(ANSI) -- A119.1 standards for mobile homes.

(36) "Utility terrain vehicle" means any motor vehicle with
four or more low-pressure or nonhighway tires designed for off-
highway use and is greater than fifty inches in width. "Utility
terrain vehicle" does not include mini trucks, golf carts, riding
lawnmowers or tractors.

(b) Under no circumstances whatever may the terms "new motor
vehicle dealer", "used motor vehicle dealer", "house trailer
dealer", "trailer dealer", "recreational vehicle dealer",
"motorcycle dealer", "used parts dealer" or "wrecker/dismantler/
rebuilder" be construed or applied under this article in such a way
as to include a banking institution, insurance company, finance
company, or other lending or financial institution, or other
person, the state or any agency or political subdivision thereof,
or any municipality, who or which owns or comes in possession or
ownership of, or acquires contract rights, or security interests in
or to, any vehicle or vehicles or any part thereof and sells the
vehicle or vehicles or any part thereof for purposes other than
engaging in and holding out to the public to be engaged in the
business of selling vehicles or any part thereof.

(c) It is recognized that throughout this code the term
"trailer" or "trailers" is used to include, among other types of
trailers, house trailers. It is also recognized that throughout
this code the term "trailer" or "trailers" is seldom used to
include semitrailers or pole trailers. However, for the purposes
of this article only, the term "trailers" has the meaning ascribed
to it in subsection (a) of this section.

WVC 17 A- 6 - 2
§17A-6-2. Legislative findings, declaration of public policy and
dealer recovery fund.
(a) The Legislature hereby determines and finds that in the
past some persons engaged in the business of selling new or used
motor vehicles, house trailers, trailers, recreational vehicles,
motorcycles, or used motor vehicle parts, and in the business of
wrecking or dismantling motor vehicles, have not had the necessary
qualifications, staff, equipment or facilities to adequately serve
the public; that some persons engaged in the businesses have made
false and deceptive claims and advertisements to the public and
have engaged in fraud and other illegal conduct; that certain
citizens of this state have sustained financial losses as a result
thereof; and that in some of the
cases there has been no adequate
means to prevent the
conduct or protect the interests of the
citizens of West Virginia. It is, therefore, declared to be the
public policy of this state that the business of new motor vehicle
dealer, used motor vehicle dealer, house trailer dealer, trailer
dealer, recreational vehicle dealer, motorcycle dealer, used parts
dealer, or wrecker or dismantler, affects the general welfare of
this state and its citizens; that persons without the necessary
qualifications, staff, equipment or facilities to adequately serve
the public, and persons not of good character or who have or are
likely to attempt to misrepresent their product or engage in
fraudulent or other illegal conduct should not engage in these
businesses; and that the evils may best be prevented and the interests of the public best served by requiring persons in the
businesses to meet the qualifications set forth in this article and
to be licensed by the commissioner of motor vehicles as provided in
this article.

(b) The Legislature further determines and finds that there
exists a significant problem when a motor vehicle dealer goes out
of business or engages in business practices that cause citizens or
businesses of the affected community, as well as this state
substantial financial loss. It is, therefore determined, that the
creation of a dealer recovery fund is necessary as a remedial
measure to allow both the state and the citizens of this state to
recover any taxes which have not been properly remitted to the
state and to provide financial relief to citizens, businesses and
other motor vehicle dealers who have suffered financial harm
through the failure of a motor vehicle dealer to properly fulfill
its responsibilities such as failure to properly release liens and
deliver clear title in motor vehicle transactions.

WVC 17 A- 6 - 2 A
§17A-6-2a. Dealer recovery fund created.
(a) There is hereby created a special fund in the State
Treasury which is to be designated the "Dealer Recovery Fund." The
fund shall consist of certain moneys received from persons engaged
in the business of selling new or used motor vehicles, new or used
motorcycles, trailers, semi-trailers or recreational vehicles or
from grants, gifts, bequests or awards arising out of the
settlement or adjudication of a claim. The fund is not to be
treated by the Auditor and Treasurer as part of the general revenue
of the state. The fund is to be a special revolving fund paid out
upon order of the Commissioner of Motor Vehicles based on the
recommendation of the dealer recovery fund control board created in
this section, solely for the purposes specified in this section.
The commissioner may use up to one percent of funds from the dealer
recovery fund for the administrative expenses of operating the
dealer recovery fund program.

(b) The dealer recovery fund control board shall consist of
the Commissioner of Motor Vehicles or his or her designee, the
Attorney General's designee representing the Office of Consumer
Protection and one representative selected by the motor vehicle
dealer's advisory board. The Commissioner of Motor Vehicles or his
or her designee shall serve as chair and the board shall meet at
least once a year during the month of July, and as required by the
commissioner. The commissioner may propose rules for promulgation
in accordance with article three, chapter twenty-nine-a of this code that are necessary to effectuate the provisions of this
section. The commissioner may employ the necessary staff needed to
operate the program. The board may prorate the amount paid on
claims when the amount of valid claims submitted would exceed
thirty-three percent of the fund. However, claims presented by the
Division of Motor Vehicles for taxes and fees shall be paid in
full. The board may purchase insurance at a cost not to exceed one
percent of the fund to cover extraordinary or excess claims from
the fund.

(c) Every applicant for either an original dealer license or
renewal of an existing dealer license of the type enumerated in
subsection (a) of this section shall pay, in addition to any other
license fee, an annual dealer recovery fund fee of one hundred
fifty dollars. All dealers shall continue to maintain a surety
bond as required by this article and the dealer recovery fund
payment unless exempt by one of the following requirements:

(1) Any dealer who, for the three years immediately preceding
assessment of the fees, has not had a claim paid against their bond
or against the dealer recovery fund, whose license has not been
suspended or revoked and who has not been assessed any civil
penalties is not required to continue to keep the bond required by
this article. However, no dealer can submit a claim against the
fund unless it has contributed to the fund for at least three
years.

(2) If the dealer recovery fund reaches or exceeds the amount of three million dollars as of the first day of July of any year,
a dealer who meets the requirements of subdivision (1) of this
subsection, is exempt from payment of the annual dealer recovery
fund fee. However, if the fund should, as of the first day of
April of any year, drop below three million dollars, all dealers,
regardless of any previous exemption shall pay the annual dealer
recovery fee of one hundred fifty dollars. The exemption
prescribed in subdivision (1) of this subsection remains in effect
regardless of the status of the fund.

(d) The dealer recovery fund control board may consider
payment only after any dealer surety bond required pursuant to the
provisions of section four of this article has been exhausted.

(f) Claims against the fund are not to be made for any act or
omission which occurred prior to the first day of July, two
thousand two.

(g) Claims for payment shall be submitted within six months of
the date of sale or the date the division is made aware of the
claim.

(h) The board shall pay claims in the following order:

(1) Claims submitted by the Division of Motor Vehicles for
unpaid taxes and fees;

(2) Claims submitted by a retail purchaser of a vehicle from
a dealer covered by the fund with an undisclosed lien or a retail purchaser of a vehicle from a dealer covered by the fund who finds
that the lien on the vehicle traded in has not been satisfied by
the selling dealer if the lien satisfaction was a condition of the
purchase agreement;

(3) Claims submitted by a motor vehicle dealer contributing to
the fund, which has purchased a vehicle or vehicles from another
dealer covered by the fund with an undisclosed lien;

(4) Claims submitted by a retail purchaser of third party
goods or services from a dealer covered by the fund for the unpaid
charges when the dealer fails to pay the third party for the goods
or services; or

(5) Claims submitted by the Division of Motor Vehicles, a
retail purchaser or a motor vehicle dealer contributing to the
fund, not authorized by subdivisions (1) through (4) of this
subsection, but otherwise payable under the bond described in
section four of this article, may be considered for payment by the
board up to the amount of fifty thousand dollars for each licensing
year the West Virginia dealer that is the subject of the complaint
did not maintain the bond: Provided, That the board may not
consider claims submitted by or on behalf of a financial
institution for money owed by a dealer upon a loan to a dealer or
credit extended to a dealer that is secured by a lien upon the
inventory of the dealer, commonly referred to as a floor planner.

(i) The maximum claim against the fund for any unpaid lien of
a used vehicle is the unpaid balance of the lien up to the loan value of the vehicle as of the date of the sale or other
transaction as shown by a generally accepted motor vehicle value
guide. The maximum claim against the fund for any new or unused
vehicle is the amount of the invoice less any amounts rebated or to
be rebated to the dealer from the manufacturer. Payment is only to
be made to a secured party who agrees to accept payment from the
dealer recovery fund and who accepts the payment in full settlement
of any claims, and who releases the lien and the title, if
applicable, prior to receiving payment. Any dealer who agrees to
accept payment from the dealer recovery fund shall release the
title prior to receiving payment.

(j) On payment by the board to a claimant from the fund, the
board shall immediately notify the licensee against whom a claim
was paid and request full reimbursement within thirty days of
notification. If a dealer fails to fully reimburse the board
within the specified period of time, the commissioner shall
immediately and without prior hearing revoke the dealer license of
dealer against whom the claim was paid. No applicant with an
unpaid claim is eligible for renewal or relicensure until the full
amount of the reimbursement plus interest as determined by the
board is paid to the fund. Nothing in this section shall limit the
authority of the commissioner to suspend, revoke or levy civil
penalties against a dealer, nor shall full repayment of the amount
owed to the fund necessarily nullify or modify the effect of any
action by the commissioner.

(k) Nothing in this section shall limit the right for any
person to seek relief though civil action against any other person.

(l) The provisions of this section do not apply to those class
DTR dealers in the business of selling manufactured housing and
covered by the state manufactured housing recovery fund established
by the Division of Labor pursuant to a legislative rule.

WVC 17 A- 6 - 3
§17A-6-3. License certificate required; engaging in more than one
business; established place of business required;
civil penalties.
(a) No person shall engage or represent or advertise that he
or she is engaged or intends to engage in the business of new motor
vehicle dealer, used motor vehicle dealer, house trailer dealer,
trailer dealer, recreational vehicle dealer, motorcycle dealer,
used parts dealer or wrecker or dismantler in this state unless and
until he or she first obtains a license certificate therefor as
provided in this article, which license certificate remains
unexpired, unsuspended and unrevoked. Any person desiring to
engage in more than one such business must, subject to the
provisions of section five of this article, apply for and obtain a
separate license certificate for each such business.

(b) A person in business as a new motor vehicle or
recreational vehicle dealer may sell low-speed vehicles as defined
in section one, article one of this chapter.

(c) Except for the qualification contained in subdivision
(17), subsection (a), section one of this article with respect to
a new motor vehicle dealer, each place of business of a new motor
vehicle dealer, used motor vehicle dealer, house trailer dealer,
trailer dealer, recreational vehicle dealer, motorcycle dealer,
used parts dealer and wrecker or dismantler must be an established
place of business as defined for such business in said section one.

(d) Any person who violates this section shall, in addition to any other penalty prescribed by law, be subject to a civil penalty
levied by the commissioner in an amount not to exceed one thousand
dollars for the first violation, two thousand dollars for the
second violation and five thousand dollars for every subsequent
violation.

(e) The commissioner shall promulgate rules, in accordance
with the provisions of chapter twenty-nine-a of this code,
establishing procedures whereby persons against whom such civil
penalties are to be assessed shall be afforded all due process
required pursuant to the provisions of the West Virginia
constitution.

WVC 17 A- 6 - 4
§17A-6-4. Application for license certificate; insurance; bonds;
investigation; information confidential.
(a) Application for any license certificate required by
section three of this article shall be made on a form prescribed by
the commissioner. There shall be attached to the application a
certificate of insurance certifying that the applicant has in force
an insurance policy issued by an insurance company authorized to do
business in this state insuring the applicant and any other person,
as insured, using any vehicle or vehicles owned by the applicant
with the express or implied permission of the named insured,
against loss from the liability imposed by law for damages arising
out of the ownership, operation, maintenance or use of the vehicle
or vehicles, subject to minimum limits, exclusive of interest and
costs, with respect to each vehicle, as follows: Twenty thousand
dollars because of bodily injury to or death of one person in any
one accident and, subject to the limit for one person, forty
thousand dollars because of bodily injury to or death of two or
more persons in any one accident, and ten thousand dollars because
of injury to or destruction of property of others in any one
accident.

(b) In the case of an application for a license certificate to
engage in the business of new motor vehicle dealer, used motor
vehicle dealer or house trailer dealer, the application shall
disclose, but not be limited to, the following:

(1) The type of business for which a license certificate is sought;

(2) If the applicant is an individual, the full name and
address of the applicant and any trade name under which he or she
will engage in the business;

(3) If the applicant is a copartnership, the full name and
address of each partner in the copartnership, the name of the
copartnership, its post office address and any trade name under
which it will engage in the business;

(4) If the applicant is a corporation, its name, the state of
its incorporation, its post office address and the full name and
address of each officer and director of the corporation;

(5) The location of each place in this state at which the
applicant will engage in the business and whether the business is
owned or leased by the applicant;

(6) Whether the applicant, any partner, officer or director of
the business has previously engaged in the business or any other
business required to be licensed under the provisions of this
article and if so, with or for whom, at what location and for what
periods of time;

(7) Whether the applicant, any partner, officer, director or
employer of the business has previously applied for a license
certificate under the provisions of this article or a similar
license certificate in this or any other state, and if so, whether
the license certificate was issued or refused and, if issued,
whether it was ever suspended or revoked;

(8) A statement of previous general business experience and
the past history of the applicant; and

(9) Any other information that the commissioner may reasonably
require which may include information relating to any contracts,
agreements or understandings between the applicant and other
persons respecting the transaction of the business, and any
criminal record of the applicant if an individual, or of each
partner if a copartnership, or of each officer and director, if a
corporation.

(c) In the case of an application for a license certificate to
engage in the business of new motor vehicle dealer, the application
shall, in addition to the matters outlined in subsection (b) of
this section disclose:

(1) The make or makes of new motor vehicles which the
applicant will offer for sale in this state during the ensuing
fiscal year; and

(2) The exact number of new and used motor vehicles, if any,
sold at retail and wholesale by the applicant or his or her
predecessor, if any, during the preceding fiscal year, and if no
new and used motor vehicles were sold at retail and wholesale by
the applicant or his or her predecessor, if any, during the
preceding fiscal year, the number of new and used motor vehicles
the applicant reasonably expects to sell at retail and wholesale
during the ensuing fiscal year.

(d) In the case of an application for a license certificate to engage in the business of used motor vehicle dealer, the
application shall in addition to the matters outlined in subsection
(b) of this section, disclose the exact number of used motor
vehicles, if any, sold at retail and wholesale by the applicant or
his or her predecessor, if any, during the preceding fiscal year,
and if no used motor vehicles were sold at retail and wholesale by
the applicant or his or her predecessor, if any, during the
preceding fiscal year, the number of used motor vehicles the
applicant reasonably expects to sell at retail and wholesale during
the ensuing fiscal year.

(e) In the case of an application for a license certificate to
engage in the business of trailer dealer, recreational vehicle
dealer, motorcycle dealer, used parts dealer or wrecker/
dismantler/rebuilder, the application shall disclose any
information that the commissioner may reasonably require.

(f) The application shall be verified by the oath or
affirmation of the applicant, if an individual, or if the applicant
is a copartnership or corporation, by a partner or officer thereof,
as the case may be. Except as provided in section two-a of this
article, the application shall be accompanied by a bond of the
applicant in the penal sum of twenty-five thousand dollars, in the
form prescribed by the commissioner, conditioned that the applicant
will not in the conduct of his or her business practice any fraud
which, or make any fraudulent representation which, shall cause a
financial loss to any purchaser, seller or financial institution or agency, or the State of West Virginia, with a corporate surety
thereon authorized to do business in this state. The bond shall be
effective as of the date on which the license certificate sought is
issued.

(g) Upon receipt of any fully completed application, together
with any bond required under subsection (f) of this section, the
certificate of insurance as required in subsection (a) of this
section and the appropriate fee provided in section ten of this
article, the commissioner may conduct any investigation he or she
considers necessary to determine the accuracy of any statements
contained in the application and the existence of any other facts
which he or she considers relevant in considering the application.
To facilitate the investigation, the commissioner may withhold
issuance or refusal of the license certificate for a period not to
exceed twenty days.

(h) Any application for a license certificate under the
provisions of this article and any information submitted with the
application is confidential for the use of the division. No person
shall divulge any information contained in any application or any
information submitted with the application except in response to a
valid subpoena or subpoena duces tecum issued pursuant to law.

WVC 17 A- 6 - 5
§17A-6-5. License certificate exemption.
(a) Any new motor vehicle dealer, used motor vehicle dealer,
house trailer dealer, trailer dealer, recreational vehicle dealer,
motorcycle dealer or wrecker/dismantler/rebuilder receiving a
vehicle in trade of a type other than that he is licensed to sell
hereunder may sell such vehicle without obtaining a license
certificate to engage in the business of selling vehicles of such
type and without being considered to be a dealer in vehicles of
such type.

(b) Any used motor vehicle dealer may obtain a new motor
vehicle from a new motor vehicle dealer licensed in this state or
any other state and sell the new motor vehicle without first
obtaining a license to engage in the business of selling new motor
vehicles: Provided, That the used motor vehicle dealer first
titles the new motor vehicle in the name of the used motor vehicle
dealer.

WVC 17 A- 6 - 5 A
§17A-6-5a. Reciprocity for out-of-state dealers; establishing
violations of this section as misdemeanor offense;
mandating that the commissioner propose or amend
legislative rules.
(a) The division may permit a vehicle dealer licensed in
another state contiguous to this state to participate in industry
wide public vehicle shows and exhibitions subject to the following:

(1) The division determines that the state in which the
out-of-state dealer is licensed permits dealers licensed by this
state to participate in public vehicle shows and exhibitions under
conditions substantially equivalent to the conditions which are
imposed upon dealers from that state who participate in public
vehicle shows and exhibitions in this state;

(2) The division determines that the out-of-state dealer holds
a valid and unrevoked vehicle dealer license from the dealer's home
state;

(3) The dealer has secured the permission of its manufacturer;
and

(4) The dealer first obtains an off-premises sales permit
issued under legislative rules promulgated by the division.

(b) Nothing in this section requires an organizer of a public
vehicle show or exhibition to invite or to include an out-of-state
vehicle dealer as a participant.

(c) Any person who violates the provisions of this section is
guilty of a misdemeanor and shall be fined not more than five
hundred dollars or confined in the regional or county jail for not
more than six months, or both.

(d) In addition to any penalty imposed pursuant to subsection
(c) of this section, any person violating the provisions of this
section may be subject to a civil penalty as provided for in
section twenty-five-a of this article.

(e) The commissioner shall propose legislative rules for
promulgation, in accordance with the provisions of article three,
chapter twenty-nine-a of this code, to effectuate the purposes of
this section.

WVC 17 A- 6 - 6
§17A-6-6. Refusal or issuance of license certificate; license
certificate not transferable.
(a) Upon the review of the application and all other
information before him or her, the commissioner may make and enter
an order denying an application for a license certificate and
refuse the license certificate sought. A denial and refusal are
final and conclusive unless an appeal is made in accordance with
the provisions of rules proposed for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code. The commissioner shall make and enter
an order denying or refusing a license, if the commissioner finds
that the applicant (individually, if an individual, or the
partners, if a copartnership, or the officers and directors, if a
corporation):

(1) Has failed to furnish the required bond unless otherwise
exempt under the provisions of section two-a of this article;

(2) Has failed to furnish the required certificate of
insurance;

(3) Has knowingly made false statement of a material fact in
his or her application;

(4) Has habitually defaulted on financial obligations in this
state or any other state or jurisdiction;

(5) Has been convicted of a felony: Provided, That upon
appeal, the Motor Vehicle Dealers Advisory Board established
pursuant to the provisions of section eighteen-a of this article may grant an exemption of this restriction if the felony did not
involve financial matters, the motor vehicle industry or matters of
moral turpitude;

(6) So far as can be ascertained, has not complied with and
will not comply with the registration and title laws of this state
or any other state or jurisdiction;

(7) Does not or will not have or maintain at each place of
business, subject to the qualification contained in subdivision
(17), subsection (a), section one of this article with respect to
a new motor vehicle dealer (an established place of business as
defined for the business in question) in that section;

(8) Has been convicted of any fraudulent act in connection
with the business of new motor vehicle dealer, used motor vehicle
dealer, house trailer dealer, trailer dealer, recreational vehicle
dealer, motorcycle dealer, used parts dealer, or wrecker or
dismantler in this state or any other state or jurisdiction;

(9) Has done any act or has failed or refused to perform any
duty for which the license certificate sought could be suspended or
revoked were it then issued and outstanding;

(10) Is not age eighteen years or older;

(11) Is delinquent in the payment of any taxes owed to the
United States, the State of West Virginia or any political
subdivision of the state;

(12) Has been denied a license in another state or has been
the subject of license revocation or suspension in another state;

(13) Has committed any action in another state which, if it
had been committed in this state, would be grounds for denial and
refusal of the application for a license certificate;

(14) Has failed to pay any civil penalty assessed by this
state or any other state;

(15) Has failed to reimburse when ordered, any claim against
the dealer recovery fund as prescribed in section two-a of this
article; or

(16) Has failed to comply with the provisions of article six-e
of this chapter, pertaining to the employment of licensed
salespersons.

Otherwise, the commissioner shall issue to the applicant the
appropriate license certificate which entitles the licensee to
engage in the business of new motor vehicle dealer, used motor
vehicle dealer, house trailer dealer, trailer dealer, recreational
vehicle dealer, motorcycle dealer, used parts dealer, or wrecker or
dismantler, as the case may be.

(b) A license certificate issued in accordance with the
provisions of this article is not transferable.

(a) Every license certificate issued in accordance with the
provisions of this article shall, unless sooner suspended or
revoked, expire on June 30 next following the issuance thereof.

(b) A license certificate may be renewed each year in the same
manner, for the same fee as prescribed in section ten of this
article and upon the same basis as an original license certificate
is issued under section six of this article.

All applications for the renewal of any license certificate
shall be filed with the commissioner at least thirty days before
the expiration thereof. Any application for renewal of any license
certificate not filed at least thirty days before the expiration
may not be renewed except upon payment of the same fee as an
original license certificate as prescribed in subsection (a),
section ten of this article. The commissioner may allow the
delinquent applicant to complete an abbreviated application for
renewal in lieu of an original application.

WVC 17 A- 6 - 8
§17A-6-8. Form and display of license certificate or certified
copy thereof; obtaining certified copy of license
certificate; bond.
(a) The commissioner shall prescribe the form of license
certificate for each type of business required to be licensed under
the provisions of this article, and each license certificate shall
have printed on it the seal of the division and any other
information prescribed by the commissioner, and shall show as to
any licensee the location of each place of business of the
licensee. The license certificates for each type of business shall
show the year for which issued and shall be serially numbered. The
license certificate shall be delivered or mailed to the licensee.

(b) When a licensee conducts his or her licensed business at
more than one location, he or she shall, upon application therefor,
obtain from the commissioner for each place of business one
certified copy of his or her license certificate. A fee of one
dollar shall be paid for each certified copy. Each licensee shall
keep his or her license certificate or certified copy of the
license certificate conspicuously posted at each place of business.
(c) A licensee shall keep the bond, unless otherwise exempt
by section two-a of this article, and liability insurance required
by section four of this article in full force and effect at all
times. The aggregate liability of the surety in no event shall
exceed the principal sum of the bond. The surety on the bond shall
have the right to cancel the bond upon giving thirty days' notice to the commissioner and thereafter shall be relieved of liability
for any breach of condition occurring after the effective date of
the cancellation.

(d) In the event of the loss or destruction of a license
certificate or a certified copy of a license certificate, the
licensee shall immediately make application for a certified copy of
the license certificate. A fee of one dollar shall be required for
any certified copy.

WVC 17A-6-9
§17A-6-9. Changes in business; action required; applications for
and issuance of certificates; fees.
Every new motor vehicle dealer, used motor vehicle dealer and
house trailer dealer shall notify the commissioner within sixty
days from and after the date on which any of the following changes
in the business occur:

(1) A change of the location of any place of business;

(2) A change of the name or trade name under which the
licensee engages or will engage in the business;

(3) The death of the licensee or any partner or partners
thereof;

(4) A change in any partners, officers or directors;

(5) A change in ownership of the business;

(6) A change in the type of legal entity by and through which
the licensee engages or will engage in the business; or

(7) The appointment of any trustee in bankruptcy, trustee
under an assignment for the benefit of creditors, master or
receiver.

When any change specified in subdivisions (1), (2), (3), (4),
(5) and/or (6) occurs, an application for a new license certificate
shall immediately be filed with the commissioner: Provided, That
when a subdivision (3), (4) and/or (5) change is involved, an
application for a new license certificate need not be filed during
the balance of the license year if the change results from death
and a member of the family of such deceased person succeeds to his
interest in the business. Thereupon, a new license certificate
shall be issued incorporating the changes specified in said subdivisions (1), (2), (3), (4), (5) and/or (6) and reflecting any
new licensee occasioned thereby, if there is then no reason for
refusing said license certificate as specified in section six of
this article. No new license certificate shall be required for any
trustee in bankruptcy, trustee under an assignment for the benefit
of creditors, receiver or master, appointed pursuant to law, who
shall take charge of or operate such business for the purpose of
winding up the affairs of such business or protecting the interests
of the creditors of such business. No additional fee for the
balance of the license year shall be required for the issuance of
any new license certificate issued as a result of any change
specified in this section.

WVC 17A-6-1a
§17A-6-1a. Unlawful to be an automobile broker; definition;
criminal penalties.
No person, except as provided below, shall arrange or offer to
arrange for a fee, commission, or other valuable consideration, a
transaction involving the sale of more than two new or used motor
vehicles per calendar year. Such person shall be deemed an
automobile broker: Provided, That a licensed new or used motor
vehicle dealer in the state of West Virginia or an agent or
employee of such dealer; an authorized distributor or an agent or
employee of such distributor; an authorized automobile auction held
by a licensed auctioneer; any person who sells a motor vehicle
pursuant to a pledge of security and lien as established in article
four-a of this chapter; and an individual or corporation, including
banks and financial institutions, who is the owner of the new or
used motor vehicle titled in the state of West Virginia which is
the object of a sale are not automobile brokers.

Any person violating the provisions of this section is guilty
of a misdemeanor, and, upon conviction thereof, shall be fined not
more than one thousand dollars, or imprisoned in the county jail
not more than sixty days, or both fined and imprisoned.

WVC 17 A- 6 - 1 B
§17A-6-1b. Dealers authorized to issue motor vehicle registration.
(a) Notwithstanding any other provision in this chapter, the
division may allow a licensed motor vehicle dealer as defined in
section one of this article, authority to issue or transfer motor
vehicle registrations for vehicles sold by the dealer. The
authority to issue and transfer motor vehicle registrations shall
be contingent upon the dealer collecting all fees and taxes
required for the titling and registration of vehicles, receiving
proof of insurance as described in subsection (e), section three,
article three of this chapter, and if applicable receiving the
receipt showing full payment of personal property taxes in
accordance with section three-a, article three of this chapter.

(b) Authorization to issue and transfer motor vehicle
registrations shall be contingent on the dealer completing an
application provided by the division and meeting all criteria
established by the division. The authority shall also be
contingent upon the dealer agreeing to participate fully in a
computerized system of electronic submission of registration,
titling and lien information and all fees and taxes required under
the provisions of this chapter, either directly to the division or
through an authorized service provider selected and approved by the
division. Any transaction conducted under the provisions of this
section shall be conditional pending the determination by the
division that the application for title, registration and lien
recordation is complete, accurate and in accordance with the provisions of this chapter.

(c) The authority to participate in the electronic
transmission of title, registration and lien information shall be
immediately revoked upon revocation or cancellation of a dealer's
license issued under the provisions of this chapter: Provided,
That the authority to issue and transfer motor vehicle
registrations may be revoked by the division immediately and
separately from any other action against the dealer's license if
the division determines that the terms of the agreement or
agreements authorizing issuance, transfer or renewal of a vehicle
registration or the electronic transmission of information have
been violated.

(d) A fee established by the motor vehicle dealer advisory
board may be charged by a motor vehicle dealer for its services
required under this section.

(e) Only motor vehicle registrations of a type specified by
the division may be issued, transferred or renewed by the
authorized dealer.

(f) All fees and taxes collected by an authorized dealer under
the provisions of this section shall be deposited in a financial
institution designated by the division or the service provider in
the manner prescribed by the division.

(g) The division may authorize a service provider to supply an
authorized dealer with the necessary forms, supplies, registration
plates and registration renewal decals necessary to enable the authorized dealer to perform the duties and functions specified in
this section.

(1) Any service provider authorized to perform services under
the provisions of this section shall post a bond of the applicant
in the penal sum of one million dollars, in the form prescribed by
the commissioner, conditioned that the applicant will not in the
conduct of business practice any fraud which, or make any
fraudulent representation which, shall cause a financial loss to
any dealer, financial institution or agency, or the State of West
Virginia, with a corporate surety thereon authorized to do business
in this state, which bond shall be effective as of the date on
which the authorization to provide services commences.

(2) The service provider is solely responsible for the
inventory, tracking, safety and reconciliation of all supplies,
registration plates, registration decals or other motor vehicle
credentialing items in accordance with procedures established by
the division and subject to audits by the division.

(3) The division may rescind without notice the authority of
a service provider to perform services when the division has cause
to believe that any state or federal law has been violated or that
the service provider is not adhering to the terms and conditions of
the authorization agreement.

(h) The service provider and the authorized dealer assume full
responsibility for the care, custody, control, disclosure and use
of any information provided by the division in order to execute the duties and responsibilities required by this section. Each service
provider and each authorized dealer agrees to ensure that the
disclosure of information to it and its handling of information
received from the division complies with all federal and state
statutes and division directives governing the disclosure and
protection of such information.

(i) The commissioner may enter into agreements with other
states and jurisdictions granting licensed dealers regulated by
other states and jurisdictions the authority to issue or transfer
motor vehicle registrations for vehicles sold by the dealer in the
same manner as dealers licensed by this state.

WVC 17 A- 6 - 10
§17A-6-10. Fee required for license certificate; dealer special
plates.
(a) The initial application fee for a license certificate to
engage in the business of a new motor vehicle dealer, used motor
vehicle dealer, house trailer dealer, trailer dealer, motorcycle
dealer, recreational vehicle dealer or wrecker/dismantler/rebuilder
is two hundred fifty dollars: Provided, That if an application for
a license certificate is denied or refused in accordance with
section six of this article, one hundred twenty-five dollars shall
be refunded to the applicant. The initial application fee entitles
the licensee to dealer special plates as prescribed by subsections
(b), (c), (d) and (e) of this section.

(b) The annual renewal fee required for a license certificate
to engage in the business of new motor vehicle dealer is one
hundred dollars. This fee shall also entitle the licensee to one
dealer's special plate which shall be known as a Class D special
plate. Up to two additional Class D special plates shall be issued
to the licensee upon application on a form prescribed by the
commissioner for such purpose and the payment of a fee of five
dollars for each additional Class D special plate. Any licensee is
also entitled to receive additional Class D special plates on a
formula basis, that is, one additional Class D special plate per
twenty new and used motor vehicles sold at retail and wholesale by
the licensee or predecessor during the preceding fiscal year, upon
application on a form prescribed by the commissioner for such purpose and the payment of a fee of five dollars for each
additional Class D special plate: Provided, That in the case of a
licensee who did not own or operate the business during the
preceding fiscal year and who has no predecessor who owned or
operated a business during the fiscal year, additional Class D
plates shall be issued for the ensuing fiscal year only on a
formula basis of one additional Class D plate per twenty new and
used motor vehicles which the licensee estimates on his or her
application for his or her license certificate he or she will sell
at retail and wholesale during the ensuing fiscal year. The
licensee may revise his or her estimate if actual sales of new and
used motor vehicles in the initial year exceed the estimate by
filing an amended application for his or her license certificate.
Additional Class D plates shall be issued for the remaining portion
of the fiscal year only on a formula basis of one additional Class
D plate per twenty new and used vehicles in the revised estimate.
A licensee may receive no more than five additional Class D special
license plates upon a showing that the licensee's new vehicle
retail sale business requires more special license plates than
authorized under the formula established under the provisions of
this section. Such showing shall include evidence of the
geographical divergence of the licensee's customer base and the
number of licensees holding similar franchises of a particular
brand of a motor vehicle to show the need for additional Class D
special plates.

(c) The annual renewal fee required for a license certificate
to engage in the business of used motor vehicle dealer is one
hundred dollars. This fee also entitles the licensee to one
dealer's special plate which shall be known as a Class D-U/C
special plate. Up to two additional Class D-U/C special plates
shall be issued to the licensee upon application on a form
prescribed by the commissioner for such purpose and the payment of
a fee of five dollars for each additional Class D-U/C special
plate. Any licensee is also entitled to receive additional Class
D-U/C special plates on a formula basis, that is, one additional
Class D-U/C special plate per twenty used motor vehicles sold at
retail and/or wholesale by the licensee or his or her predecessor
during the preceding fiscal year, upon application therefor on a
form prescribed by the commissioner for such purpose and the
payment of a fee of five dollars for each additional Class D-U/C
special plate: Provided, That in the case of a licensee who did
not own or operate the business during the preceding fiscal year
and who has no predecessor who owned or operated the business
during the preceding fiscal year, additional Class D-U/C plates
shall be issued for the ensuing fiscal year only on a formula basis
of one additional Class D-U/C plate per twenty used motor vehicles
which the licensee estimates on his or her application for the
license certificate he or she will sell at retail and/or wholesale
during the ensuing fiscal year. The licensee may revise his or her
estimate if actual sales of used motor vehicles in the ensuing fiscal year exceed the estimate by filing an amended application
for his or her license certificate. Additional Class D-U/C plates
shall be issued for the remaining portion of the fiscal year only
on a formula basis of one additional Class D-U/C plate per twenty
used vehicles in the revised estimate.

(d) The annual renewal fee required for a license certificate
to engage in the business of house trailer dealer or trailer
dealer, as the case may be, is twenty-five dollars. This fee also
entitles the licensee to four dealer's special plates which shall
be known as Class D-T/R special plates. Additional Class D-T/R
special plates shall be issued to any licensee upon application
therefor on a form prescribed by the commissioner for such purpose
and the payment of a fee of five dollars for each such additional
Class D-T/R special plate.

(e) The annual renewal fee required for a license certificate
to engage in the business of recreational vehicle dealer is one
hundred dollars. This fee shall also entitle the licensee to four
dealer special plates which shall be known as Class D-R/V special
plates. Additional Class D-R/V special plates shall be issued to
any licensee upon application therefor on a form prescribed by the
commissioner for such purpose on the payment of a fee of
twenty-five dollars for each additional Class D-R/V special plate.

(f) The annual renewal fee required for a license certificate
to engage in the business of motorcycle dealer is ten dollars.
This fee shall also entitle the licensee to two dealer's special plates which shall be known as Class F special plates. Additional
Class F special plates shall be issued to any dealer upon
application therefor on a form prescribed by the commissioner for
such purpose and the payment of a fee of five dollars for each
additional Class F special plate.

(g) The annual renewal fee required for a license certificate
to engage in the business of wrecker/dismantler/rebuilder is
fifteen dollars. Upon payment of the fee for the license
certificate, a licensee is entitled to up to four special license
plates which shall be known as Class WD special plates. The plates
shall be issued to any licensee upon application therefor on a form
prescribed by the commissioner for such purpose and the payment of
a fee of twenty-five dollars for each plate. The plate issued
under the provisions of this subsection shall have the words
"Towing Only" affixed thereon. A wrecker/dismantler/rebuilder is
entitled to one special plate known as a Class WD/Demo special
plate upon payment of a twenty-five dollar fee. This plate shall
only be used for demonstrating rebuilt automobiles owned by the
wrecker/dismantler/rebuilder.

(h) All of the special plates provided for in this section
shall be of such form and design and contain such other
distinguishing marks or characteristics as the commissioner may
prescribe.

(1) The initial application fee for a license certificate to
engage in the business of a manufacturer or transporter shall be
two hundred and fifty dollars: Provided, That if an application
for a license certificate is denied or refused in accordance with
section six of this article, one hundred twenty-five dollars shall
be refunded to the applicant. The initial application shall
entitle the licensee to manufacturer or transporter plates as
prescribed in subsection five of this section.

(2) Notwithstanding any of the other provisions of this
article, a manufacturer or transporter may operate or move a
vehicle upon the highways of this state solely for purposes of
transporting and/or testing the same without first registering each
such vehicle upon condition that any such vehicle display thereon,
in a manner prescribed by the commissioner, a special plate or
plates issued to such manufacturer or transporter as provided in
this section.

(3) Any manufacturer or transporter may make application to
the commissioner upon a form prescribed by him for a certificate
containing a general distinguishing number and for a special plate
or plates. The applicant shall also submit proof of his status as
a bona fide manufacturer or transporter as may be required by the
commissioner.

(4) The commissioner, upon approving any such application,
shall issue to the applicant a certificate containing the
applicant's name and address and the general distinguishing number assigned to the applicant. The commissioner shall also issue a
special plate, or special plates, as applied for, which shall have
displayed thereon the general distinguishing number assigned to the
applicant. Each plate shall also contain a number or symbol
identifying the same from every other plate or plates bearing the
same general distinguishing number.

(5) The annual renewal fee for a license certificate for a
manufacturer or transporter and one special plate shall be one
hundred dollars. Additional special plates shall be twenty-five
dollars each.

(6) Every manufacturer or transporter shall keep a written
record of the vehicle upon which such special plates are used, the
time during which each is used on a particular vehicle, and the
location to which the vehicle was delivered, which record shall be
open to inspection by any police officer or employee of the
department.

(7) The provisions of this section shall not apply to work or
service vehicles owned by a manufacturer or transporter.

(8) Said manufacturer or transporter shall be required to
furnish a certificate of insurance in amounts which shall be no
less than the requirements of section two, article four, chapter
seventeen-d of this code.

(1) Notwithstanding any of the other provisions of this
article, a financial institution may operate or move a vehicle upon
the highways and streets of this state solely for the purposes of
transporting such vehicle, in conjunction with a repossession or
sale of said vehicle conducted in the ordinary course of such
institution's business in financing the purchase of the vehicle or
where the vehicle otherwise serves as collateral or security in a
loan transaction, without first registering each such vehicle upon
the condition that any such vehicle display thereon, in a manner
prescribed by the commissioner, a special plate or plates issued to
such financial institution as provided in this section.

(2) Any financial institution may make application to the
commissioner upon a form prescribed by him for a certificate
containing a general distinguishing number and for a special plate
or plates. The applicant shall submit proof of its status as a
bona fide financial institution requiring such special plates as
required by the commissioner. The commissioner shall determine
that the applicant is a bona fide financial institution eligible to
receive a special plate or plates under the provisions of this
section and that said institution does, as a regular incident to
its business, repossess and sell vehicles and have need to
transport said vehicles in conjunction with the repossession or
sale.

(3) The commissioner, upon approving any such application,
shall issue to the applicant a certificate containing the
applicant's name and address and the general distinguishing number assigned to the applicant. The commissioner shall also issue a
special plate, or special plates, as applied for, which shall have
displayed thereon the general distinguishing number assigned to the
applicant. Each plate shall also contain a number or symbol
identifying the same from every other plate or plates bearing the
same general distinguishing number.

(4) The annual fee for a license certificate for a financial
institution and one special plate shall be one hundred dollars.
Additional special plates, not to exceed four, shall be available
upon appropriate application to the commissioner at a fee of
twenty-five dollars each.

(5) Every financial institution shall keep a written record of
the vehicle upon which such special plates are used, the time
during which each is used upon a particular vehicle and the
location of the place of repossession, storage and subsequent
delivery, if any, of each vehicle, which record shall be open to
inspection by any police officer or employee of the department.

(6) The provisions of this section shall not apply to any
work, company or service vehicles of the financial institution.

(7) The financial institution shall be required to furnish a
certificate of insurance in the amount of twenty thousand dollars
because of bodily injury to or death of any one person in any one
accident, forty thousand dollars because of bodily injury or death
to two or more persons in any one accident and ten thousand dollars
because of injury to or destruction of property of others in any
one accident.

(8) For purposes of this section, "financial institution" shall mean any state bank, state savings and loan association,
state building and loan association, national bank, federally
chartered savings and loan, savings bank, industrial bank,
industrial loan company or similar institution.

(a) Notwithstanding any other provisions of this code, a new
motor vehicle dealer or used motor vehicle dealer engaged in the
business of selling trailers, truck-tractors, road-tractors or
trucks that demonstrates the motor vehicles under actual work
conditions to potential purchasers shall obtain a special
demonstration plate from the Division of Motor Vehicles. The motor
vehicle dealer may obtain special demonstration plates without
first titling or registering each vehicle.

(b) The commissioner shall prescribe the application form for
these special demonstration plates and shall require the applicant
to submit proof of the applicant's status as a bona fide dealer in
motor vehicles and to certify that the applicant needs special
demonstration plates in the ordinary course of business.

The commissioner, upon approving an application, shall issue
to the new motor vehicle dealer or used motor vehicle dealer up to
four special demonstration plates which display the term
"demonstration" or "demo" and a distinguishing number assigned to
the motor vehicle dealer. The commissioner may issue no more than
ten additional special demonstration plates to a licensee upon a
showing that the licensee has sales or potential sales justifying
additional plates. This showing may include, but is not limited
to, the dealer's on-site inventory of the applicable type of vehicles, previous sales of applicable vehicles or the geographical
divergence of the dealer's customer base.

(c) The annual fee for special demonstration plates is $100
for the first plate and $50 for each additional special
demonstration plate that is issued, not to exceed a total of
fourteen plates per dealer.

(d) Each motor vehicle dealer who is issued special
demonstration plates shall keep a written record, on a form
approved by the commissioner and open to inspection by a police
officer or employee of the division, containing the following
information:

(1) Identification of the motor vehicles upon which the
special demonstration plates are used;

(2) The times and dates during which each special
demonstration plate is used;

(3) The name and address of the company or individual using a
motor vehicle on which a special demonstration plate is used; and
(4) Other information considered necessary by the
commissioner.

(e) Each motor vehicle operated under the provisions of this
section is considered to be registered at the maximum vehicle
weights allowable under article seventeen, chapter seventeen-c of
this code.

(f) A motor vehicle dealer shall not:

(1) Use a special demonstration plate issued under the provisions of this section on a motor vehicle which is not being
demonstrated;

(2) Use a special demonstration plate to demonstrate a single
motor vehicle for more than seven calendar days in a calendar year
for a single customer;

(3) Use a special demonstration plate on a motor vehicle
leased or rented to a customer; or

(4) Use a special demonstration plate in any way other than to
demonstrate the on-the-job capabilities of a motor vehicle to a
potential purchaser.

(g) The motor vehicle dealer is required to furnish a
certificate of insurance in the amount required by regulations of
the West Virginia Public Service Commission or the United States
Department of Transportation for the class of motor carrier for
which the motor vehicle is to be demonstrated.

WVC 17A-6-11
§17A-6-11. Expiration of special plates.
Every special plate or plates issued hereunder shall expire at
midnight on June thirtieth next following the issuance thereof. A
new plate or plates for the ensuing fiscal year may be obtained as
specified in section ten of this article.

WVC 17A-6-12
§17A-6-12. Operation of vehicles under special plates.
A dealer holding an unexpired, unsuspended and unrevoked
license certificate and owning a vehicle or vehicles of the type he
is licensed to sell hereunder and which are otherwise required to
be registered under this chapter may operate or move the same upon
the streets and highways without registering each such vehicle upon
condition that any such vehicle display thereon a special plate
issued to such dealer as provided in this article.

WVC 17 A- 6 - 13
§17A-6-13. Use of special plates; records to be maintained by
dealer.
(a) The Class D special plates and the Class D-U/C special
plates authorized in this article may be used for any purpose on
any motor vehicle owned by the dealer to whom issued and which is
being operated with his or her knowledge and consent and not
otherwise: Provided, That under no circumstances whatever may a
Class D special plate or Class D-U/C special plate be used on any
work or service vehicle owned by a dealer, on any vehicle owned by
a dealer and offered for hire or lease, or on any vehicle which has
been sold by a dealer to a customer: Provided,however, That a
dealer is authorized to use a Class D or Class D-U/C special plate
on no more than one courtesy vehicle per dealership: Provided
further, That a Class D licensee is authorized to use a Class D
special plate on no more than one Class A type pickup truck or van
which is specifically identified as a parts truck for the Class D
licensee and which is used exclusively for the transportation of
parts for the dealership.

(b) Under no circumstances whatever may a Class D-T/R special
plate be used for the purpose of operating a motor vehicle upon the
streets and highways, or on any house trailer or other trailer
owned by a dealer and offered for hire or lease, or on any house
trailer or other trailer which has been sold by a dealer to a
customer: Provided, That notwithstanding the sale or any provision
of this code to the contrary, a Class D-T/R special plate may be used in moving a house trailer sold by a house trailer dealer to a
customer for one trip only from the house trailer dealer's
established place of business to a place designated by the
customer.

(c) Under no circumstances whatever may a Class D-R/V special
plate be used for the purpose of operating a motor vehicle upon the
streets and highways, or on any recreational vehicle owned by a
dealer and offered for hire or lease, or on any recreational
vehicle which has been sold by a dealer to a customer: Provided,
That notwithstanding any provision of this code to the contrary, a
Class D-R/V special plate may be used upon the streets and highways
for demonstration purposes only on those recreational vehicles that
are subject to registration under article three of this chapter.

(d) Under no circumstances whatever may a Class F special
plate be used for the purpose of operating any type of motor
vehicle other than a motorcycle on the streets and highways, or on
a motorcycle owned by a dealer and offered for hire or lease, or on
any motorcycle which has been sold by a dealer to a customer.

(e) Under no circumstances whatever may a special plate
authorized under the provisions of this section be subcontracted,
brokered, leased or rented.

(f) Every dealer entitled to and issued a special plate or
plates under the provisions of this article shall keep a written
record of the salesman, mechanic, employee, agent, officer or other
person to whom a special plate or plates have been assigned by the dealer. Every record shall be open to inspection by the
commissioner or his or her representatives or any law-enforcement
officer.

WVC 17A-6-14
§17A-6-14. Operation of motor vehicles by certain dealers under
special permits.
The commissioner is hereby authorized to grant, in his
discretion, special permits to a new motor vehicle dealer for use
on new motor vehicles driven under their own power from the factory
or distributing place of a manufacturer, or other dealer, to a
place of business of such dealer, or from such place of business to
a place of business of another such dealer. Each special permit
shall be good only for one trip, and such permit shall not be used
by any such dealer in lieu of any registration card or plate
required by this chapter.

WVC 17 A- 6 - 15
§17A-6-15. Temporary registration plates or markers.
(a) In order to permit a vehicle which is sold to a purchaser
by a dealer to be operated on the streets and highways pending
receipt of the annual registration plate from the division for such
vehicle, the commissioner may, subject to the limitations and
conditions hereinafter set forth, deliver temporary vehicle
registration plates or markers to dealers who in turn may, subject
to the limitations and conditions hereinafter set forth, issue the
same to purchasers of vehicles, but such purchasers must comply
with the pertinent provisions of this section.

(b) Application by a dealer to the commissioner for temporary
registration plates or markers shall be made on the form and in the
manner prescribed and furnished by the commissioner for such
purpose and shall be accompanied by a fee of three dollars for each
such temporary registration plate or marker. The commissioner may
require the fee to be remitted to the division in an electronic
format. No refund or credit of fees paid by dealers to the
commissioner for temporary registration plates or markers shall be
allowed, except that in the event the commissioner discontinues the
issuance of such temporary plates or markers, dealers returning
temporary registration plates or markers to the commissioner may
petition for and be entitled to a refund or a credit thereof. No
temporary registration plates or markers shall be delivered by the
commissioner to any dealer in house trailers only, and no such
temporary plates or markers shall be issued for or used on any house trailer for any purpose.

(c) Every dealer who has made application for and received
temporary registration plates or markers shall maintain in a manner
prescribed by the commissioner, a record of all temporary
registration plates or markers issued by him or her, and a record
of any other information pertaining to the receipt or the issuance
of temporary registration plates or markers which the commissioner
may require. Every dealer who issues a temporary registration
plate or marker shall notify the division in the manner prescribed
by the commissioner. No temporary registration plates or markers
may be delivered to any dealer until such dealer has fully
accounted to the commissioner for the temporary registration plates
or markers last delivered to such dealer, by showing the number
issued to purchasers by such dealer and any on hand.

(d) A dealer may not issue, assign, transfer or deliver a
temporary registration plate or marker to anyone other than the
bona fide purchaser of the vehicle to be registered; nor may a
dealer issue a temporary registration plate or marker to anyone
possessed of an annual registration plate for a vehicle which has
been sold or exchanged, except a dealer may issue a temporary
registration plate or marker to the bona fide purchaser of a
vehicle to be registered who possesses an annual registration plate
of a different class and makes application to the division to
exchange such annual registration plate of a different class in
accordance with the provisions of section one, article four of this chapter; nor may a dealer lend to anyone, or use on any vehicle
which he or she may own, a temporary registration plate or marker.
It is unlawful for any dealer to issue any temporary registration
plate or marker knowingly containing any misstatement of fact, or
knowingly to insert any false information upon the face thereof.

(e) Every dealer who issues temporary registration plates or
markers shall affix or insert clearly and indelibly on the face of
each temporary registration plate or marker in the manner
prescribed by the commissioner, the date of issuance and expiration
thereof, and the make and motor or serial number of the vehicle for
which issued.

(f) If the commissioner finds that the provisions of this
section or his or her directions are not being complied with by a
dealer, he or she may suspend the right of such dealer to issue
temporary registration plates or markers.

(g) Every person to whom a temporary registration plate or
marker has been issued shall permanently destroy such temporary
registration plate or marker immediately upon receiving the annual
registration plate for such vehicle from the division: Provided,
That if the annual registration plate is not received within sixty
days of the issuance of the temporary registration plate or marker,
the owner shall, notwithstanding the fact that the annual
registration plate has not been received, immediately and
permanently destroy the temporary registration plate or marker:
Provided, however, That not more than one temporary registration plate or marker shall be issued to the same bona fide purchaser for
the same vehicle.

(h) A temporary registration plate or marker shall expire and
become void upon the receipt of the annual registration plate from
the division or upon the rescission of the contract to purchase the
vehicle in question, or upon the expiration of sixty days from the
date of issuance, depending upon whichever event shall first occur.

(i) For the purpose of this section, the term "dealer"
includes a wrecker/dismantler/rebuilder and in the context of
issuing temporary registration plates, any other business licensed
by the division in accordance with the provisions of this chapter
and authorized to issue temporary registration plates or markers.

(j) The commissioner may require participation in an
electronic temporary plate issuance system by all dealers as a
precondition for authority for a dealer to issue temporary license
plates or markers.

WVC 17A-6-16
§17A-6-16. Records must be kept and maintained.
(a) In addition to all other records herein required to be
kept and maintained, each licensee shall keep and maintain a record
in such form and for such period of time as may be prescribed by
the commissioner of:

(1) Every vehicle which is bought, sold, or exchanged by such
licensee or received or accepted by such licensee for sale or
exchange;

(2) Every used vehicle body or chassis which is sold or
otherwise disposed of; and

(3) Every vehicle which is bought or otherwise acquired and
wrecked or dismantled by such licensee.

(b) Every such record shall state the name and address of the
person from whom such vehicle was purchased or acquired and the
date thereof, the name and address of the person to whom any such
vehicle, vehicle body, or chassis was sold or otherwise disposed
of, the date thereof, and a description of every such vehicle, body
or chassis by name and identifying numbers sufficient to identify
the same.

(c) Every licensee shall also keep and maintain such other
records as the commissioner may require by reasonable rules and
regulations authorized in section nine, article two of this chapter
and promulgated in accordance with the provisions of article three,
chapter twenty-nine-a of this code.

WVC 17A-6-17
§17A-6-17. Sales instrument; full disclosure required.
Every vehicle sale at retail shall be evidenced by a sales
instrument in writing which shall contain all of the agreements
between the buyer and the seller, which shall be signed by the
buyer and seller or a representative of either party, and a copy of
which shall be delivered to the buyer before such sale becomes
final. Such instrument shall contain the following information, so
far as applicable:

(1) Name of the seller;

(2) Name of the buyer;

(3) Make, year and model of the vehicle;

(4) Cash sale price;

(5) Cash paid down by the buyer;

(6) Amount credited to buyer for any trade-in;

(7) Provisions as to whether the seller or buyer is to pay off
the indebtedness, if any, on the trade-in;

(8) Description of the trade-in;

(9) Amount of the time differential charge (if not a cash sale
so far as the dealer is concerned);

(10) Amount charged by seller for insurance and the type of
coverage afforded; if any insurance does not include coverage for
bodily injury and/or property damage caused to others, the sales
instrument shall expressly so state; and

(11) Net balance due from buyer and the terms of payment (if
not a cash sale so far as the dealer is concerned). A copy of such
sales instrument shall be kept and maintained among the records of
the seller as provided in section sixteen of this article.

WVC 17 A- 6 - 17 A
§17A-6-17a. Approved practices.
Notwithstanding any other provision of this code, a motor
vehicle dealer may, consistent with applicable federal law and
regulations, advance money to retire an amount owed against a motor
vehicle used as a trade-in and finance repayment of that money in
a retail installment contract.

WVC 17 A- 6 - 18
§17A-6-18. Investigation; matters confidential; grounds for
suspending or revoking license or imposing fine;
suspension and revocation generally.
(a) The commissioner may conduct an investigation to determine
whether any provisions of this chapter have been or are about to be
violated by a licensee. Any investigation shall be kept
confidential by the commissioner and the division, unless and until
the commissioner suspends or revokes the license certificate of the
licensee involved or fines the licensee: Provided, That the
commissioner may advise the Motor Vehicle Dealers Advisory Board of
pending actions and may disclose to the Motor Vehicle Dealers
Advisory Board any information that enables it to perform its
advisory function in imposing penalties. The commissioner may
suspend or revoke a license certificate, suspend a special dealer
plate or plates, impose a fine or take any combination of these
actions if the commissioner finds that the licensee:

(1) Has failed or refused to comply with the laws of this
state relating to the registration and titling of vehicles and the
giving of notices of transfers, the provisions and requirements of
this article, or any reasonable rules authorized in section nine,
article two of this chapter and promulgated to implement the
provisions of this article by the commissioner in accordance with
the provisions of article three, chapter twenty-nine-a of this
code;

(2) Has given any check in the payment of any fee required under the provisions of this chapter which is dishonored;

(3) In the case of a dealer, has knowingly made or permitted
any unlawful use of any dealer special plate or plates issued to
him or her;

(4) In the case of a dealer, has a dealer special plate or
plates to which he or she is not lawfully entitled;

(5) Has knowingly made false statement of a material fact in
his or her application for the license certificate then issued and
outstanding;

(6) Has habitually defaulted on financial obligations;

(7) Does not have and maintain at each place of business
(subject to the qualification contained in subdivision (17),
subsection (a), section one of this article with respect to a new
motor vehicle dealer) an established place of business as defined
for the business in question in section one of this article;

(8) Has been guilty of any fraudulent act in connection with
the business of new motor vehicle dealer, used motor vehicle
dealer, house trailer dealer, trailer dealer, motorcycle dealer,
used parts dealer or wrecker or dismantler;

(9) Has defrauded or is attempting to defraud any buyer or any
other person, to the damage of the buyer or other person, in the
conduct of the licensee's business;

(10) Has defrauded or is attempting to defraud the state or
any political subdivision of the state of any taxes or fees in
connection with the sale or transfer of any vehicle;

(11) Has committed fraud in the registration of a vehicle;

(12) Has knowingly purchased, sold or otherwise dealt in a
stolen vehicle or vehicles;

(13) Has advertised by any means, with intent to defraud, any
material representation or statement of fact which is untrue,
misleading or deceptive in any particular relating to the conduct
of the licensed business;

(14) Has willfully failed or refused to perform any legally
binding written agreement with any buyer;

(15) Has made a fraudulent sale or purchase;

(16) Has failed or refused to assign, reassign or transfer a
proper certificate of title;

(17) Has a license certificate to which he or she is not
lawfully entitled;

(18) Has misrepresented a customer's credit or financial
status to obtain financing;

(19) Has failed to reimburse, when ordered, any claim against
the dealer recovery fund as prescribed in section two-a of this
article; or

(20) Has employed unlicensed salespersons in violation of
article six-e of this chapter on or after the first day of January,
two thousand eight.

(b) The commissioner shall also suspend or revoke the license
certificate of a licensee if he or she finds the existence of any
ground upon which the license certificate could have been refused or any ground which would be cause for refusing a license
certificate to the licensee were he or she then applying for the
license certificate.

(c) Whenever a licensee fails to keep the bond, unless exempt
from the requirement pursuant to section two-a of this article or
liability insurance required by section four of this article, in
full force and effect, or fails to provide evidence of the bond or
liability insurance, the commissioner shall automatically suspend
the license certificate of the licensee unless and until a bond or
certificate of insurance as required by section four of this
article is furnished to the commissioner. When the licensee
furnishes the bond or certificate of insurance to the commissioner
and pays all reinstatement fees, the commissioner shall vacate the
suspension.

(d) Suspensions under this section shall continue until the
cause for the suspension has been eliminated or corrected.
Revocation of a license certificate does not preclude application
for a new license certificate. The commissioner shall process the
application for a new license certificate in the same manner and
issue or refuse to issue the license certificate on the same
grounds as any other application for a license certificate is
processed, considered and passed upon, except that the commissioner
may give any previous suspension and the revocation such weight in
deciding whether to issue or refuse the license certificate as is
correct and proper under all of the circumstances.

WVC 17 A- 6 - 18 A
§17A-6-18a. Motor Vehicle Dealers Advisory Board.
(a) There is continued a Motor Vehicle Dealers Advisory Board
to assist and to advise the commissioner on the administration of
laws regulating the motor vehicle industry; to work with the
commissioner in developing new laws, rules or policies regarding
the motor vehicle industry; to advise the commissioner on setting
documentary charges or similar charges motor vehicle dealers may
charge consumers for documentary services in relation to securing
a title, which such charges the commissioner is hereby granted
authority to set; and to give the commissioner any further advice
and assistance as he or she may, from time to time, require.

The board shall consist of nine members and the Commissioner
of Motor Vehicles, or his or her representative, who shall be an ex
officio member. Two members shall represent new motor vehicle
dealers, with one of these two members representing dealers that
sell less than one hundred new vehicles per year; one member shall
represent used motor vehicle dealers; one member shall represent
wrecker/dismantler/rebuilders; one member shall represent
automobile auctions; one member shall represent recreational
dealers; one member shall represent the West Virginia Attorney
General's office; and two members shall represent consumers. All
of the representatives, except the Attorney General representative
who shall be designated by the Attorney General, shall be appointed
by the Governor with the advice and consent of the Senate, with no
more than five representatives being from the same political party.

The terms of the board members shall be for three years. The
attorney general representative shall serve continuously.

The board shall meet at least four times annually and at the
call of the commissioner.

(b) The commissioner shall consult with the board before he or
she takes any disciplinary action against a dealer, an automobile
auction or a license service to revoke or suspend a license, place
the licensee on probation or levy a civil penalty, unless the
commissioner determines that the consultation would endanger a
criminal investigation.

(c) The commissioner may consult with the board by mail, by
facsimile, by telephone or at a meeting of the board, but the
commissioner is not bound by the recommendations of the board. The
commissioner shall give members seven days from the date of a
mailing or other notification to respond to proposed actions,
except in those instances when the commissioner determines that the
delay in acting creates a serious danger to the public's health or
safety or would unduly compromise the effectiveness of the action.

(d) No action taken by the commissioner is subject to
challenge or rendered invalid on account of his or her failure to
consult with the board.

(e) The appointed members shall serve without compensation,
however, members are entitled to reimbursement of travel and other
necessary expenses actually incurred while engaged in legitimate
board activities in accordance with the guidelines of the Travel Management Office of the Department of Administration or its
successor agency.

WVC 17 A- 6 - 18 B
§17A-6-18b.
Repealed.

Acts, 2010 Reg. Sess., Ch. 32.

WVC 17A-6-19
§17A-6-19. Notice of refusal, or suspension or revocation, of
license certificate or of suspension of right to
issue temporary registration plates or markers or of
suspension of a dealer special plate or plates;
relinquishing license certificate, dealer special
plate or plates and temporary plates or markers.
(a) Whenever the commissioner shall refuse to issue a license
certificate, or shall suspend or revoke a license certificate, or
shall suspend the right of a dealer to issue temporary plates or
markers under the provisions of section fifteen of this article, or
shall suspend a dealer special plate or plates, he shall make and
enter an order to that effect and shall cause a copy of such order
to be served in person or by certified mail, return receipt
requested, on the applicant or licensee, as the case may be.

(b) Whenever a license certificate is suspended or revoked,
the commissioner shall in the order of suspension or revocation
direct the licensee to return to the department his license
certificate and any special dealer plates and temporary
registration plates or markers issued in conjunction with the
issuance of such license certificate or such business, which
temporary registration plates or markers are still in the
licensee's possession. Whenever the right of a dealer to issue
temporary registration plates or markers is suspended or a dealer
special plate or plates are suspended as aforesaid, the
commissioner shall in the order of suspension direct the licensee
to return to the department all temporary registration plates or
markers issued in conjunction with such business and still in the licensee's possession or such dealer special plate or plates. It
shall be the duty of the licensee to comply with any such order
following expiration of the period provided in section twenty-one
of this article for an appeal to the license certificate appeal
board (created in section twenty of this article) without an appeal
to such board having been timely perfected, and immediately if a
license certificate were suspended in accordance with the
provisions of subsection (b), section eighteen of this article.
Whenever a licensee shall fail or refuse to comply with any such
order as herein specified, the commissioner shall proceed as
provided in section seven, article nine of this chapter.

WVC 17A-6-20
§17A-6-20.

Repealed.

Acts, 1986 Reg. Sess., Ch. 153.

WVC 17A-6-21
§17A-6-21.

Repealed.

Acts, 1986 Reg. Sess., Ch. 153.

WVC 17A-6-22
§17A-6-22. Original action by board; matters confidential.
In the event the commissioner shall receive a sworn complaint
in writing alleging a violation of any of the provisions of this
chapter by a licensee, and the commissioner does not within thirty
days thereafter make and enter an order with respect thereto, the
complainant may file a sworn complaint with the board. Upon
receipt of any such sworn complaint, the board may investigate the
matter, and hold a hearing with respect thereto and decide the
matter with like effect as if the commissioner had made and entered
an order and the licensee had appealed such order to the board.
Any complaint and any investigation shall be kept in strictest
confidence by the board, the commissioner, the department, the
licensee, the complainant and all other persons, unless and until
the commissioner or board suspends or revokes the license
certificate of the licensee involved.

WVC 17A-6-23
§17A-6-23. Judicial review.
(a) Any person or the commissioner adversely affected by a
final order made and entered by the board is entitled to judicial
review thereof. All of the pertinent provisions of section four,
article five, chapter twenty-nine-a of this code shall apply to and
govern such review with like effect as if the provisions of said
section four were set forth in extenso in this section.

(b) The judgment of the circuit court shall be final unless
reversed, vacated or modified on appeal to the supreme court of
appeals in accordance with the provisions of section one, article
six, chapter twenty-nine-a of this code.

(c) Legal counsel and services for the commissioner in all
appeal proceedings in any circuit court and the supreme court of
appeals shall be provided by the attorney general or his
assistants, and in appeal proceedings in any circuit court by the
prosecuting attorney of the county as well, all without additional
compensation and in accordance with the provisions of section
twenty, article two of this chapter. The board or commissioner,
with the written approval of the attorney general, may employ
special counsel to represent the board or commissioner in a
particular proceeding.

WVC 17A-6-24
§17A-6-24. Actions to enjoin violations; injunctive relief.
(a) Whenever it appears to the commissioner that any person
has been or is violating or is about to violate any provision of
this article or any final order of the commissioner or board, the
commissioner may apply in the name of the state, to the circuit
court of the county in which the violation or violations or any
part thereof has occurred, is occurring or is about to occur, or
the judge thereof in vacation, for an injunction against such
person and any other persons who have been, are or are about to be,
involved in, or in any way participating in, any practices, acts or
omissions, so in violation, enjoining such person or persons from
any such violation or violations. Such application may be made and
prosecuted to conclusion whether or not any such violation or
violations have resulted or shall result in prosecution or
conviction under the provisions of article eleven of this chapter.

(b) Upon application by the commissioner, the circuit courts
of this state may by mandatory or prohibitory injunction compel
compliance with the provisions of this article and all final orders
of the commissioner or board. The court may issue a temporary
injunction in any case pending a decision on the merits of any
application filed.

(c) The judgment of the circuit court upon any application
permitted by the provisions of this section shall be final unless
reversed, vacated or modified on appeal to the supreme court of
appeals. Any such appeal shall be sought in the manner and within
the time provided by law for appeals from circuit courts in other
civil cases.

(d) The commissioner shall be represented in all such
proceedings by the attorney general or his assistants and in such
proceedings in the circuit courts by the prosecuting attorneys of
the several counties as well, all without additional compensation
and in accordance with the provisions of said section twenty,
article two of this chapter. With the written approval of the
attorney general, the commissioner may employ special counsel to
represent him in any such proceeding.

WVC 17A-6-25
§17A-6-25. Inspections; violations and penalties.
(a) The commissioner and all law-enforcement officers of the
state, acting at the commissioner's request, are hereby authorized
to inspect the place of business, vehicles and pertinent records,
documents and papers of any person required to be licensed under
the provisions of this article to the extent deemed reasonably
necessary to determine compliance with and violations of this
article. For the purpose of making any such inspection, the
commissioner and such law-enforcement officers are authorized, at
reasonable times, to enter in and upon any such place of business
and any other public garage or enclosure where vehicles are sold,
stored, hired or repaired.

(b) Any person who shall violate any provision of this article
or any final order of the commissioner or board hereunder shall be
guilty of a misdemeanor, and the provisions of article eleven of
this chapter governing violations of this chapter generally shall
be fully applicable thereto.

WVC 17 A- 6 - 25 A
§17A-6-25a. Civil penalties.
(a) In addition to any other remedy or penalty provided by
law, the commissioner may levy and collect a civil fine, in an
amount not to exceed one thousand dollars for each first violation,
against any person who violates the provisions of this article,
article six-b, article six-c or article six-d of this chapter, any
of the rules or policies implemented to enforce those articles, or
any lawful order of the commissioner pursuant to authority set
forth in those articles. Every transaction which violates this
article, article six-b, article six-c or article six-d of this
chapter shall be considered a separate violation. For a second
violation, being any violation occurring within three years
following any previous violation for which the violator has been
disciplined pursuant to section eighteen, article six of this
chapter, the commissioner may levy and collect a fine in an amount
not to exceed twenty-five hundred dollars and for a third and
subsequent violation occurring within the three-year period
following the first violation, the commissioner may levy and
collect a fine in an amount not to exceed five thousand dollars.

(b) A fine assessed under this section shall not take effect
until the commissioner sends to the person against whom the penalty
is assessed by certified mail, return receipt requested, a notice
of violation finding that the person has committed an offense. The
notice shall contain:

(1) A statement of the offense the person committed;

(2) A summary of the facts on which the finding of a violation
was made;

(3) The amount of the fine which is being levied; and

(4) An order that the person:

(A) Cease and desist from all future violations and pay the
fine; or

(B) Protest in writing the findings of the commissioner or the
amount of the assessed fine and request a hearing.

Any request for a hearing must be received by the commissioner
within thirty days after the mailing date of the notice of
violation. The notice of violation may be sent to any address
which the person has used on any title or license application, or
other filing or record which the commissioner believes is current.
Failure of any person to receive a notice of violation does not
preclude the fine from taking effect. However, the commissioner
shall accept as timely a request for hearing from any person who,
within one year of the date the notice of violation was sent,
provides satisfactory proof that he or she did not receive the
notice of violation and that good cause exists to excuse his or her
failure to receive the notice of violation and that he or she
wishes in good faith to assert a protest to the notice of
violation. The pendency of the one-year period shall not keep any
penalty from taking effect, but the commissioner shall stay
enforcement of the fine upon his or her acceptance of any notice
filed after the thirty-day period pending the outcome of the appeal.

(c) Upon receipt of a timely request, the commissioner shall
afford the person a hearing in accordance with the rules of the
division of motor vehicles. The commissioner, in addition to
considering the evidence relied upon to prove or defend against a
finding of a violation, shall also evaluate the appropriateness of
the amount of the civil penalty. In making such evaluation, the
commissioner shall consider:

(1) The severity of the violation and its impact on the
public;

(2) The number of similar or related violations;

(3) Whether the violations were willful or intentional; and

(4) Any other facts considered appropriate.

(d) In addition to any other findings of fact or conclusions
of law, the commissioner may reduce the civil penalty to a stated
amount. The appellant may, at any time during the pendency of the
appeal, enter into a settlement agreement with the commissioner.
The settlement agreement may provide for a reduction in the penalty
and may provide that the appellant does not admit a violation. The
entry into a settlement agreement or the payment of any fine
pursuant to a settlement agreement which states that the appellant
does not admit a violation shall not amount to an admission of
guilt for purposes of any criminal prosecution.

(e) Upon the expiration of all periods for protest or appeal
of a notice of violation, including judicial review pursuant to section four, article five, chapter twenty-nine-a of this code, the
notice of violation shall have the same force and effect and be
enforceable as a judgment entered by any court of law of this
state.

(f) If a corporation is found to have committed a violation
against which a penalty may be assessed under this section, any
officer of the corporation who is found to have knowingly and
intentionally committed the violation, to have knowingly and
intentionally directed another to commit the violation or to have
knowingly and intentionally failed to take reasonable steps to
prevent another from committing the violation, may be individually
found to be in violation and assessed a civil penalty as provided
by this section.

WVC 17A-6-26
§17A-6-26. Construction.
(a) The provisions of this article shall be liberally
construed so as to effectuate its purposes.

(b) All of the provisions of this chapter expressly stated to
be applicable throughout such chapter shall be as fully applicable
to this act as if they were set forth in extenso herein.

WVC 17 A- 6 - 10 D
§17A-6-10d. Special plates for nonprofit corporations engaged in
research and development.
(a) Notwithstanding any of the other provisions of this
article, a nonprofit corporation engaged in research and
development using motor vehicles pursuant to article twelve,
chapter eighteen-b of this code and affiliated with institutions of
higher education may operate or move a vehicle, either owned or in
the possession of the nonprofit corporation upon the highways of
this state for purposes of transporting or testing that vehicle
without first registering or titling the vehicle and displaying, in
a manner prescribed by the commissioner, a special plate issued to
the nonprofit corporation as provided in this section.

(b) Any nonprofit corporation as prescribed in subsection (a)
of this section may make application to the commissioner upon a
form prescribed by him or her for a certificate containing a
general distinguishing number and for a special plate or plates.
The applicant shall verify that it is a Section 501(c)(3) of the
Internal Revenue Code of 1986, as amended, nonprofit corporation
and submit sufficient information, as may be required by the
commissioner, that it is engaged in research and development of
vehicles, special fuels or equipment for motor vehicles.

(c) The commissioner, upon approving an application, may issue
without charge to the applicant, a certificate containing the
nonprofit corporation's name and address and its general
distinguishing number. The commissioner may also issue without charge, a special plate or plates, as determined by the
commissioner as necessary, that must be displayed on the vehicle.
Each plate shall also contain a number or symbol distinguishing it
from other plates bearing the same general distinguishing number.

(d) The nonprofit corporation that is issued a special plate
pursuant to this section must keep written records as required by
the commissioner concerning the operation of the vehicle. The
records shall be open to inspection by any law-enforcement officer
or division employee.

(e) This section does not apply to the use of any other
vehicles owned, leased or operated by the nonprofit corporation.

(f) A nonprofit corporation that has been issued a special
plate is not required to comply with the bond or dealer recovery
fund otherwise required under this article for that vehicle.

(g) A nonprofit corporation that has been issued a special
plate shall furnish information, satisfactory to the commissioner,
that the vehicle is covered by an appropriate insurance policy or
proof of financial responsibility in amounts not less than the
requirements of section two, article four, chapter seventeen-d of
this code.

(h) Vehicles operated by a nonprofit corporation pursuant to
this section are exempt from the annual motor vehicle inspection
and the displaying of the certificate of inspection otherwise
required by article sixteen, chapter seventeen-c of this code.
However, a vehicle that has been issued a special plate pursuant to this section must be safe and may not, in any manner, endanger the
driver, other vehicle occupants, other motorists, pedestrians or
the general public.

WVC 17A-6A-1
§17A-6A-1. Legislative finding.
The Legislature finds and declares that the distribution and
sale of motor vehicles in this state vitally affects the general
economy and the public welfare and that in order to promote the
public welfare and in exercise of its police power, it is necessary
to regulate motor vehicle dealers, manufacturers, distributors, and
representatives of vehicle manufacturers and distributors doing
business in this state in order to avoid undue control of the
independent new motor vehicle dealer by the vehicle manufacturer or
distributor and to insure that dealers fulfill their obligations
under their franchises and provide adequate and sufficient service
to consumers generally.

WVC 17 A- 6 A- 2
§17A-6A-2. Governing law.
In accord with the settled public policy of this state to
protect the rights of its citizens, each franchise or agreement
between a manufacturer or distributor and a dealer or dealership
which is located in West Virginia, or is to be performed in
substantial part in West Virginia, shall be construed and governed
by the laws of the state of West Virginia, regardless of the state
in which it was made or executed and of any provision in the
franchise or agreement to the contrary.

The provisions of this article apply only to any franchises
and agreements entered into, continued, modified or renewed
subsequent to the effective date of this article.

WVC 17 A- 6 A- 3
§17A-6A-3. Definitions.
For the purposes of this article, the words and phrases
defined in this section have the meanings ascribed to them, except
where the context clearly indicates a different meaning.

(1) "Dealer agreement" means the franchise, agreement or
contract in writing between a manufacturer, distributor and a new
motor vehicle dealer which purports to establish the legal rights
and obligations of the parties to the agreement or contract with
regard to the purchase, lease or sale of new motor vehicles,
accessories, service and sale of parts for motor vehicles.

(2) "Designated family member" means the spouse, child,
grandchild, parent, brother or sister of a deceased new motor
vehicle dealer who is entitled to inherit the deceased dealer's
ownership interest in the new motor vehicle dealership under the
terms of the dealer's will, or who has otherwise been designated in
writing by a deceased dealer to succeed the deceased dealer in the
new motor vehicle dealership, or is entitled to inherit under the
laws of intestate succession of this state. With respect to an
incapacitated new motor vehicle dealer, the term means the person
appointed by a court as the legal representative of the new motor
vehicle dealer's property. The term also includes the appointed
and qualified personal representative and the testamentary trustee
of a deceased new motor vehicle dealer. However, the term means
only that designated successor nominated by the new motor vehicle
dealer in a written document filed by the dealer with the manufacturer or distributor, if such a document is filed.

(3) "Distributor" means any person, resident or nonresident,
who, in whole or in part, offers for sale, sells or distributes any
new motor vehicle to a new motor vehicle dealer or who maintains a
factor representative, resident or nonresident, or who controls any
person, resident or nonresident, who, in whole or in part, offers
for sale, sells or distributes any new motor vehicle to a new motor
vehicle dealer.

(4) "Established place of business" means a permanent,
enclosed commercial building located within this state easily
accessible and open to the public at all reasonable times and at
which the business of a new motor vehicle dealer, including the
display and repair of motor vehicles, may be lawfully carried on in
accordance with the terms of all applicable building codes, zoning
and other land-use regulatory ordinances and as licensed by the
Division of Motor Vehicles.

(5) "Factory branch" means an office maintained by a
manufacturer or distributor for the purpose of selling or offering
for sale vehicles to a distributor, wholesaler or new motor vehicle
dealer, or for directing or supervising, in whole or in part,
factory or distributor representatives. The term includes any
sales promotion organization maintained by a manufacturer or
distributor which is engaged in promoting the sale of a particular
make of new motor vehicles in this state to new motor vehicle
dealers.

(6) "Factory representative" means an agent or employee of a
manufacturer, distributor or factory branch retained or employed
for the purpose of making or promoting the sale of new motor
vehicles or for supervising or contracting with new motor vehicle
dealers or proposed motor vehicle dealers.

(7) "Good faith" means honesty in fact and the observation of
reasonable commercial standards of fair dealing in the trade.

(8) "Manufacturer" means any person who manufactures or
assembles new motor vehicles; or any distributor, factory branch or
factory representative.

(9) "Motor vehicle" means that term as defined in section one,
article one of this chapter, including motorcycle and recreational
vehicle as defined in subsections (c) and (nn), respectively, of
said section, but not including a tractor or farm equipment.

(10) "New motor vehicle" means a motor vehicle which is in the
possession of the manufacturer, distributor or wholesaler, or has
been sold only to a new motor vehicle dealer and on which the
original title has not been issued from the new motor vehicle
dealer.

(11) "New motor vehicle dealer" means a person who holds a
dealer agreement granted by a manufacturer or distributor for the
sale of its motor vehicles, who is engaged in the business of
purchasing, selling, leasing, exchanging or dealing in new motor
vehicles, service of said vehicles, warranty work and sale of parts
who has an established place of business in this state and is licensed by the Division of Motor Vehicles.

(13) "Proposed new motor vehicle dealer" means a person who
has an application pending for a new dealer agreement with a
manufacturer or distributor. "Proposed motor vehicle dealer" does
not include a person whose dealer agreement is being renewed or
continued.

(14) "Relevant market area" means the area located within a
twenty air-mile radius around an existing same line-make new motor
vehicle dealership: Provided, That a fifteen mile relevant market
area as it existed prior to the effective date of this statute
shall apply to any proposed new motor vehicle dealership as to
which a manufacturer or distributor and the proposed new motor
vehicle dealer have executed on or before the effective date of
this statute a written agreement, including a letter of intent,
performance agreement or commitment letter, concerning the
establishment of the proposed new motor vehicle dealership.

WVC 17 A- 6 A- 4
§17A-6A-4. Cancellation of dealer contract; notification.
(1) Notwithstanding any agreement, a manufacturer or
distributor shall not cancel, terminate, fail to renew or refuse to
continue any dealer agreement with a new motor vehicle dealer
unless the manufacturer or distributor has complied with all of the
following:

(a) Satisfied the notice requirement of section seven of this
article;

(b) Acted in good faith;

(c) Engaged in full and open communication with franchised
dealer; and

(d) Has good cause for the cancellation, termination,
nonrenewal or discontinuance.

(2) Notwithstanding any agreement, good cause exists when a
manufacturer or distributor can demonstrate termination is
necessary due to a material breach of a reasonable term or terms of
the agreement by a dealer when weighed against the interests of the
dealer and the public. The interests of the dealer and the public
shall include consideration of:

(a) The relationship of the dealer's sales to the sales in the
relevant market;

(b) The investment and financial obligations of the dealer
under the terms of the franchise agreement;

(c) The effect on the public cancellation of the franchise
agreement would cause;

(d) The adequacy of the dealer's sales and service facilities,
equipment, parts and personnel in relation to other dealers in the
relevant market;

(e) Whether the dealer is honoring existing warranties;

(f) Whether the dealer is complying, or can comply within a
reasonable time, with reasonable capitalization requirements; and

(g) The dealer's overall performance under the reasonable
terms of the franchise agreement. This shall include the overall
fairness of the agreement terms, the enforceability of the
agreement and the relative bargaining power of the parties.

(3) If the failure by the new motor vehicle dealer to comply
with a provision of the dealer agreement relates to the performance
of the new motor vehicle dealer in sales or service, good cause
exists for the purposes of a termination, cancellation, nonrenewal
or discontinuance under subsection (1) of this section when the new
motor vehicle dealer failed to effectively carry out the
performance provisions of the dealer agreement if all of the
following have occurred:

(a) The new motor vehicle dealer was given written notice by
the manufacturer or distributor of the failure;

(b) The notification stated that the notice of failure of
performance was provided pursuant to this article;

(c) The new motor vehicle dealer was afforded a reasonable
opportunity to exert good faith efforts to carry out the dealer
agreement; and

(d) The failure continued for more than three hundred sixty
days after the date notification was given pursuant to subdivision
(a) of this subsection.

WVC 17A-6A-5
§17A-6A-5. Circumstances not constituting good cause.

Notwithstanding any agreement, the following alone shall not
constitute good cause for the termination, cancellation, nonrenewal
or discontinuance of a dealer agreement under subdivision (d),
subsection (1), section four of this article:

(a) A change in ownership of the new motor vehicle dealer's
dealership. The subdivision does not authorize any change in
ownership which would have the effect of a sale or an assignment of
the dealer agreement or a change in the principal management of the
dealership without the manufacturer's or distributor's prior
written consent.

(b) The refusal of the new motor vehicle dealer to purchase or
accept delivery of any new motor vehicle parts, accessories, or any
other commodity or services not ordered by the new motor vehicle
dealer.

(c) The fact that the new motor vehicle dealer owns, has an
investment in, participates in the management of, or holds a dealer
agreement for the sale of another make or line of new motor
vehicles, or that the new motor vehicle dealer has established
another make or line of new motor vehicles in the same dealership
facilities as those of the manufacturer or distributor: Provided,
That the new motor vehicle dealer maintains a reasonable line of
credit for each make or line of new motor vehicles, and that the
new motor vehicle dealer remains in substantial compliance with the
terms and conditions of the dealer agreement and with any
reasonable facilities' requirements of the manufacturer or
distributor.

(d) The fact that the new motor vehicle dealer sells or
transfers ownership of the dealership or sells or transfers capital
stock in the dealership to the new motor vehicle dealer's spouse,
son or daughter: Provided, That the sale or transfer shall not
have the effect of a sale or an assignment of the dealer agreement
or a change in the principal management of the dealership without
the manufacturer's or distributor's prior written consent.

WVC 17A-6A-6
§17A-6A-6. Burden of proof.
For each termination, cancellation, nonrenewal or
discontinuance, the manufacturer or distributor shall have the
burden of proof for showing that he has acted in good faith, that
the notice requirement has been complied with, and that there was
good cause for the termination, cancellation, nonrenewal or
discontinuance.

WVC 17 A- 6 A- 7
§17A-6A-7. Notice provisions.
Notwithstanding any agreement, prior to the termination,
cancellation, nonrenewal or discontinuance of any dealer agreement,
the manufacturer or distributor shall furnish notice of the
termination, cancellation, nonrenewal or discontinuance to the new
motor vehicle dealer as follows:

(a) Except as otherwise provided in this section, notice shall
be made not less than one hundred twenty days prior to the
effective date of the termination, cancellation, nonrenewal or
discontinuance.

(b) Notice shall be by certified mail with restrictive
delivery to the new motor vehicle dealer principal and shall
contain the following:

(1) A statement of intention to terminate, cancel, not renew
or discontinue the dealer agreement;

(2) A detailed written statement of all reasons for the
termination, cancellation, nonrenewal or discontinuance. The
statement shall include, at a minimum, a complete explanation of
each reason upon which the manufacturer or distributor relies to
support its proposed action, along with all supporting
documentation which is material to the proposed action and
available to the manufacturer or distributor at the time of
termination, cancellation, nonrenewal or discontinuance; and

(3) The date on which the termination, cancellation,
nonrenewal or discontinuance takes effect.

(c) Notwithstanding subdivision (a) of this subsection, notice
shall be made not less than thirty days prior to the effective date
of the termination, cancellation, nonrenewal or discontinuance for
any of the following reasons:

(1) Insolvency of the new motor vehicle dealer or the filing
of any petition by or against the new motor vehicle dealer under
any bankruptcy or receivership law;

(2) Failure of the new motor vehicle dealer to conduct his or
her customary sales and service operations during his or her
customary business hours for seven consecutive business days;

(3) Conviction of the new motor vehicle dealer or its
principal owners of a crime, but only if the crime is punishable by
imprisonment in excess of one year under the law under which the
dealer was convicted or the crime involved theft, dishonesty or
false statement regardless of the punishment;

(4) Revocation of a motor vehicle dealership license in
accordance with section eighteen, article six of this chapter; or

(5) A fraudulent misrepresentation by the new motor vehicle
dealer to the manufacturer or distributor, which is material to the
dealer agreement.

(d) Notwithstanding subdivision (a) of this subsection, notice
shall be made not less than twelve months prior to the effective
date of a termination, cancellation, nonrenewal or discontinuance
if a manufacturer or distributor discontinues production of the new
motor vehicle dealer's product line or discontinues distribution of the product line in this state.

(e) Except as provided in subdivision (c) of this subsection,
any motor vehicle dealer who receives a notice of intent to
discontinue, cancel or not renew a dealer agreement may, within a
one hundred twenty-day notice period, file a petition or complaint
for a determination of whether such action is an unfair or
prohibited discontinuation, cancellation or nonrenewal. Dealer
agreements and certificates of appointment shall continue in effect
until a final determination of the issues raised in such petition
or complaint by the motor vehicle dealer. A discontinuance,
cancellation or nonrenewal is unfair if it is:

(1) Not clearly permitted by the dealer agreement;

(2) Not undertaken for good cause; or

(3) Is based on an alleged breach of the franchise agreement
which is not in fact a material and substantial breach.

(f) No replacement dealer shall be named for this point or
location to engage in business and the dealer's agreement shall
remain in effect until a final judgement is entered after all
appeals are exhausted: Provided, That when a motor vehicle dealer
appeals a decision upholding a discontinuation, cancellation or
nonrenewal under subdivisions (f) and (g) of this section, the
dealer agreement shall remain in effect pending exhaustion of all
appeals only if the motor vehicle dealer establishes a likelihood
of success on appeal and that the public interest will not be
harmed by keeping the dealer agreement in effect pending entry of final judgement after such appeal.

(g) If a transfer of ownership is proposed after a notice to
discontinue, cancel or not renew a dealer agreement is received
but, prior to the final determination, including exhaustion of all
appellate remedies of a motor vehicle dealer's complaint or
petition contesting such action, the termination proceedings shall
be stayed, without bond, during the period the transfer is being
reviewed by the manufacturer or distributor. During the period
that the transfer is being reviewed by the manufacturer or
distributor, the dealer agreement shall remain in full force and
effect, and the motor vehicle dealer shall retain all rights and
remedies pursuant to the terms and conditions of the dealer
agreement and applicable law. This shall include, but is not
limited to, all rights of transfer under subdivision (2), section
ten, article six-a, chapter seventeen of this code until such time
as the manufacturer or distributor has accepted or rejected the
proposed transfer. If the proposed transfer is rejected, the motor
vehicle dealer shall retain all of its rights pursuant to section
sixteen of said article to a judicial determination as to whether
the manufacturer or distributor's rejection is in compliance with
the provisions of subdivision (2), section ten of said article and
during the pendency of such judicial proceeding, and any related
appellate proceedings, the termination proceedings shall remain
stayed without bond, the dealer agreement shall remain in full
force and effect and the motor vehicle dealer shall retain all rights and remedies pursuant to the terms and conditions of the
dealer agreement and applicable law including all rights of
transfer. If a transfer is approved by the manufacturer or
distributor or mandated by law, the termination proceedings shall
be dismissed with prejudice as moot.

WVC 17 A- 6 A- 8
§17A-6A-8. Reasonable compensation to dealer.
(1) Upon the termination, cancellation, nonrenewal or
discontinuance of any dealer agreement, the new motor vehicle
dealer shall be allowed fair and reasonable compensation by the
manufacturer or distributor for the following:

(a) Any new motor vehicle inventory, manufactured for sale in
the United States, purchased from the manufacturer, distributor or
other dealers, which has not been materially altered, substantially
damaged or driven for more than seven hundred fifty miles, except
that for any new motorcycle inventory purchased from the
manufacturer or distributor, that inventory must not have been
materially altered, substantially damaged or driven for more than
fifty miles;

(b) Supplies and parts inventory purchased from the
manufacturer or distributor and listed in the manufacturer's or
distributor's current parts catalog;

(c) Equipment, furnishings and signs purchased from the
manufacturer or distributor; and

(d) Special computer software, hardware, license fees and
other programs mandated by the manufacturer to provide training or
communication with the manufacturer.

(2) Upon the termination, cancellation, nonrenewal or
discontinuance of a dealer agreement by the manufacturer or
distributor, the manufacturer or distributor shall also pay to the
new motor vehicle dealer a sum equal to the current, fair rental value of his or her established place of business for a period of
three years from the effective date of termination, cancellation,
nonrenewal or discontinuance, or the remainder of the lease,
whichever is less. If the dealer, directly or indirectly, owns the
dealership facility, the manufacturer shall pay the dealer a sum
equal to the reasonable rental value of the dealership premises for
three years. However, the dealer shall have the obligation to
mitigate his or her damages, including, but not limited to, listing
the facility with a commercial real estate agent and other
reasonable steps to sell or lease the property. During this
three-year period the manufacturer shall have the right to occupy
and use the facilities until such time as the dealer is able to
otherwise sell or lease the property to another party. The payment
required by this subsection does not apply to any termination,
cancellation, nonrenewal or discontinuance made pursuant to
subsection (c), section five of this article.

(3) Upon the termination, cancellation or nonrenewal where the
manufacturer or distributor is discontinuing the sale of a product
line, the manufacturer or distributor shall pay or provide to the
motor vehicle dealer:

(a) Compensation consistent with the length of time the dealer
carried the line and the investment and timing thereof required by
the manufacturer or distributor of the dealer; and

(b) Support of the manufacturer's or distributor's warranty
obligations by making parts available and compensating dealers for warranty parts and labor for five years: Provided, That the motor
vehicle dealer has adequate facilities, trained personnel and
equipment to perform warranty repairs.

(a) Specify in writing to each of its motor vehicle dealers,
the dealer's obligation for delivery, preparation, warranty and
factory recall services on its products;

(b) Compensate the motor vehicle dealer for warranty and
factory recall service required of the dealer by the manufacturer,
distributor or wholesaler, factory branch or distributor branch or
officer, agent or representative thereof; and

(c) Provide the dealer the schedule of compensation to be paid
the dealer for parts, work and service in connection with warranty
and recall services and the time allowance for the performance of
the work and service.

(2) In no event may:

(a) The schedule of compensation fail to compensate the
dealers for the work and services they are required to perform in
connection with the dealer's delivery and preparation obligations,
or fail to adequately and fairly compensate the dealers for labor,
parts and other expenses incurred by the dealer to perform under
and comply with manufacturer's warranty agreements and factory
recalls;

(b) Any manufacturer, distributor or wholesaler, or
representative thereof, pay its dealers an amount of money for warranty or recall work that is less than that charged by the
dealer to the retail customers of the dealer for nonwarranty and
nonrecall work of the like kind; and

(c) Any manufacturer, distributor or wholesaler, or
representative thereof, compensate for warranty and recall work
based on a flat-rate figure that is less than what the dealer
charges for retail work.

(3) It is a violation of this section for any manufacturer,
distributor, wholesaler or representative to require any dealer to
pay in any manner, surcharges, limited allocation, audits, charge
backs or other retaliation, if the dealer seeks to recover its
nonwarranty retail rate for warranty and recall work.

(4) All claims made by motor vehicle dealers pursuant to this
section for compensation for delivery, preparation, warranty and
recall work, including labor, parts and other expenses, shall be
paid by the manufacturer within thirty days after approval and
shall be approved or disapproved by the manufacturer within thirty
days after receipt. When any claim is disapproved, the dealer
shall be notified in writing of the grounds for disapproval. No
claim which has been approved and paid may be charged back to the
dealer unless it can be shown that the claim was false or
fraudulent, that the repairs were not properly made or were
unnecessary to correct the defective condition or the dealer failed
to reasonably substantiate the claim in accordance with the written
requirements of the manufacturer or distributor in effect at the time the claim arose. No charge back may be made until the dealer
has had notice and an opportunity to support the claim in question.
No otherwise valid reimbursement claims may be denied once properly
submitted within manufacturers' submission guidelines due to a
clerical error or omission or based on a different level of
technician technical certification or the dealer's failure to
subscribe to any manufacturer's computerized training programs.

(5) Notwithstanding the terms of a franchise agreement or
provision of law in conflict with this section, the dealer's
delivery, preparation, warranty and recall obligations constitutes
the dealer's sole responsibility for product liability as between
the dealer and manufacturer, and, except for a loss caused by the
dealer's failure to adhere to these obligations, a loss caused by
the dealer's negligence or intentional misconduct or a loss caused
by the dealer's modification of a product without manufacturer
authorization, the manufacturer shall reimburse the dealer for all
loss incurred by the dealer, including legal fees, court costs and
damages, as a result of the dealer having been named a party in a
product liability action.

WVC 17 A- 6 A- 9
§17A-6A-9. Payment of compensation.
(1) Compensation for new motor vehicle inventory under
subdivision (a), subsection (1), section eight of this article
shall be paid within sixty days after the effective date of the
termination, cancellation, nonrenewal or discontinuance.
Compensation for items of personal property required by
subdivisions (b), (c) and (d), subsection (1), section eight of
this article shall be paid within sixty days after the effective
date of the termination, cancellation, nonrenewal or discontinuance
if the new motor vehicle dealer has met all reasonable requirements
of the dealer agreement with respect to the return of the
repurchased personal property, including providing clear title.

(2) Reasonable compensation pursuant to subdivision (a),
subsection (1), section eight of this article may not be less than
the new motor vehicle dealer's net acquisition cost, including any
special promotions ordered by the manufacturer, such as advertising
charges, and special tools purchased from the manufacturer or
distributor within three years of the date of termination,
cancellation, nonrenewal or discontinuance. Reasonable
compensation pursuant to subdivision (b) of said subsection shall
be the amount stated in the manufacturer's or distributor's current
parts price list. Reasonable compensation pursuant to subdivisions
(c) and (d) of said subsection shall be the fair market value of the personal property.

(3) In the event payment is not made within ninety days as
provided in subsection (1) of this section, interest accrues on all
amounts due the new motor vehicle dealer at a rate of twelve
percent per annum.

WVC 17 A- 6 A- 10
§17A-6A-10. Prohibited practices.
(1) A manufacturer or distributor may not require any new
motor vehicle dealer in this state to do any of the following:

(a) Order or accept delivery of any new motor vehicle, part or
accessory of the vehicle, equipment or any other commodity not
required by law which was not voluntarily ordered by the new motor
vehicle dealer. This section does not prevent the manufacturer or
distributor from requiring that new motor vehicle dealers carry a
reasonable inventory of models offered for sale by the manufacturer
or distributor;

(b) Order or accept delivery of any new motor vehicle with
special features, accessories or equipment not included in the list
price of the new motor vehicle as publicly advertised by the
manufacturer or distributor;

(c) Unreasonably participate monetarily in any advertising
campaign or contest, or purchase any promotional materials, display
devices, display decorations, brand signs and dealer
identification, nondiagnostic computer equipment and displays or
other materials at the expense of the new motor vehicle dealer;

(d) Enter into any agreement with the manufacturer or
distributor or do any other act prejudicial to the new motor
vehicle dealer by threatening to terminate a dealer agreement,
limit inventory, invoke sales and service warranty or other types
of audits or any contractual agreement or understanding existing
between the dealer and the manufacturer or distributor. Notice in good faith to any dealer of the dealer's violation of any terms or
provisions of the dealer agreement is not a violation of this
article;

(e) Change the capital structure of the new motor vehicle
dealership or the means by or through which the dealer finances the
operation of the dealership if the dealership at all times meets
any reasonable capital standards determined by the manufacturer in
accordance with uniformly applied criteria;

(f) Refrain from participation in the management of,
investment in or the acquisition of any other line of new motor
vehicle or related products, provided that the dealer maintains a
reasonable line of credit for each make or line of vehicle, remains
in compliance with reasonable facilities requirements and makes no
change in the principal management of the dealer. Notwithstanding
the terms of any franchise agreement, a manufacturer or distributor
may not enforce any requirements, including facility requirements,
that a new motor vehicle dealer establish or maintain exclusive
facilities, personnel or display space, when the requirements are
unreasonable considering current economic conditions and are not
otherwise justified by reasonable business considerations. The
burden of proving that current economic conditions or reasonable
business considerations justify exclusive facilities is on the
manufacturer or distributor and must be proven by a preponderance
of the evidence;

(g) Change the location of the new motor vehicle dealership or make any substantial alterations to the dealership premises, where
to do so would be unreasonable; and

(h) Prospectively assent to a release, assignment, novation,
waiver or estoppel which would relieve any person from liability
imposed by this article or require any controversy between a new
motor vehicle dealer and a manufacturer or distributor to be
referred to a person other than the duly constituted courts of the
state or the United States, if the referral would be binding upon
the new motor vehicle dealer.

(2) A manufacturer or distributor may not do any of the
following:

(a) Fail to deliver new motor vehicles or new motor vehicle
parts or accessories within a reasonable time and in reasonable
quantities relative to the new motor vehicle dealer's market area
and facilities, unless the failure is caused by acts or occurrences
beyond the control of the manufacturer or distributor, or unless
the failure results from an order by the new motor vehicle dealer
in excess of quantities reasonably and fairly allocated by the
manufacturer or distributor. No manufacturer or distributor may
penalize a new motor vehicle dealer for an alleged failure to meet
sales quotas where the alleged failure is due to actions of the
manufacturer or distributor;

(b) Refuse to disclose to a new motor vehicle dealer the
method and manner of distribution of new motor vehicles by the
manufacturer or distributor, including any numerical calculation or formula used, nationally or within the dealer's market, to make the
allocations;

(c) Refuse to disclose to a new motor vehicle dealer the total
number of new motor vehicles of a given model, which the
manufacturer or distributor has sold during the current model year
within the dealer's marketing district, zone or region, whichever
geographical area is the smallest;

(d) Increase prices of new motor vehicles which the new motor
vehicle dealer had ordered and then eventually delivered to the
same retail consumer for whom the vehicle was ordered, if the order
was made prior to the dealer's receipt of the written official
price increase notification. A sales contract signed by a private
retail consumer and binding on the dealer is evidence of each
order. In the event of manufacturer or distributor price reductions
or cash rebates, the amount of any reduction or rebate received by
a dealer shall be passed on to the private retail consumer by the
dealer. Any price reduction in excess of five dollars shall apply
to all vehicles in the dealer's inventory which were subject to the
price reduction. A price difference applicable to new model or
series motor vehicles at the time of the introduction of the new
models or the series is not a price increase or price decrease.
This subdivision does not apply to price changes caused by the
following:

(i) The addition to a motor vehicle of required or optional
equipment pursuant to state or federal law;

(ii) In the case of foreign made vehicles or components,
revaluation of the United States dollar; or

(iii) Any increase in transportation charges due to an
increase in rates charged by a common carrier and transporters;

(e) Offer any refunds or other types of inducements to any
dealer for the purchase of new motor vehicles of a certain
line-make to be sold to this state or any political subdivision of
this state without making the same offer available upon request to
all other new motor vehicle dealers of the same line-make;

(f) Release to an outside party, except under subpoena or in
an administrative or judicial proceeding to which the new motor
vehicle dealer or the manufacturer or distributor are parties, any
business, financial or personal information which has been provided
by the dealer to the manufacturer or distributor, unless the new
motor vehicle dealer gives his or her written consent;

(g) Deny a new motor vehicle dealer the right to associate
with another new motor vehicle dealer for any lawful purpose;

(h) Establish a new motor vehicle dealership which would
unfairly compete with a new motor vehicle dealer of the same
line-make operating under a dealer agreement with the manufacturer
or distributor in the relevant market area. A manufacturer or
distributor shall not be considered to be unfairly competing if the
manufacturer or distributor is:

(i) Operating a dealership temporarily for a reasonable
period.

(ii) Operating a dealership which is for sale at a reasonable
price.

(iii) Operating a dealership with another person who has made
a significant investment in the dealership and who will acquire
full ownership of the dealership under reasonable terms and
conditions;

(i) A manufacturer may not, except as provided by this
section, directly or indirectly:

(i) Own an interest in a dealer or dealership;

(ii) Operate a dealership; or

(iii) Act in the capacity of a new motor vehicle dealer:
Provided, That a manufacturer may own an interest, other than stock
in a publicly held company, solely for investment purposes;

(j) A manufacturer or distributor may own an interest in a
franchised dealer, or otherwise control a dealership, for a period
not to exceed twelve months from the date the manufacturer or
distributor acquires the dealership if:

(i) The person from whom the manufacturer or distributor
acquired the dealership was a franchised dealer; and

(ii) The dealership is for sale by the manufacturer or
distributor at a reasonable price and on reasonable terms and
conditions;

(k) The twelve-month period may be extended for an additional
twelve months. Notice of any such extension of the original
twelve-month period must be given to any dealer of the same line-make whose dealership is located in the same county, or within
twenty air miles of, the dealership owned or controlled by the
manufacturer or distributor prior to the expiration of the original
twelve-month period. Any dealer receiving the notice may protest
the proposed extension within thirty days of receiving notice by
bringing a declaratory judgment action in the circuit court for the
county in which the new motor vehicle dealer is located to
determine whether good cause exists for the extension;

(l) For the purpose of broadening the diversity of its dealer
body and enhancing opportunities for qualified persons who are part
of a group who have historically been under represented in its
dealer body, or other qualified persons who lack the resources to
purchase a dealership outright, but for no other purpose, a
manufacturer or distributor may temporarily own an interest in a
dealership if the manufacturer's or distributor's participation in
the dealership is in a bona fide relationship with a franchised
dealer who:

(i) Has made a significant investment in the dealership,
subject to loss;

(ii) Has an ownership interest in the dealership; and

(iii) Operates the dealership under a plan to acquire full
ownership of the dealership within a reasonable time and under
reasonable terms and conditions;

(m) Unreasonably withhold consent to the sale, transfer or
exchange of the dealership to a qualified buyer capable of being licensed as a new motor vehicle dealer in this state;

(n) Fail to respond in writing to a request for consent to a
sale, transfer or exchange of a dealership within sixty days after
receipt of a written application from the new motor vehicle dealer
on the forms generally utilized by the manufacturer or distributor
for such purpose and containing the information required therein.
Failure to respond to the request within the sixty days is consent;

(o) Unfairly prevent a new motor vehicle dealer from receiving
reasonable compensation for the value of the new motor vehicle
dealership;

(p) Audit any motor vehicle dealer in this state for warranty
parts or warranty service compensation, service compensation,
service incentives, rebates or other forms of sales incentive
compensation more than twelve months after the claim for payment or
reimbursement has been made by the automobile dealer: Provided,
That the provisions of this subsection do not apply where a claim
is fraudulent. In addition, the manufacturer or distributor is
responsible for reimbursing the audited dealer for all copying,
postage and administrative costs incurred by the dealer during the
audit. Any charges to a dealer as a result of the audit must be
separately billed to the dealer;

(q) Unreasonably restrict a dealer's ownership of a dealership
through noncompetition covenants, site control, sublease,
collateral pledge of lease, right of first refusal, option to
purchase, or otherwise. A right of first refusal is created when:

(i) A manufacturer has a contractual right of first refusal to
acquire the new motor vehicle dealer's assets where the dealer
owner receives consideration, terms and conditions that are either
the same as or better than those they have already contracted to
receive under the proposed change of more than fifty percent of the
dealer's ownership.

(ii) The proposed change of the dealership's ownership or the
transfer of the new vehicle dealer's assets does not involve the
transfer of assets or the transfer or issuance of stock by the
dealer or one of the dealer's owners to one of the following:

(A) A designated family member of one or more of the dealer
owners;

(B) A manager employed by the dealer in the dealership during
the previous five years and who is otherwise qualified as a dealer
operator;

(C) A partnership or corporation controlled by a designated
family member of one of the dealers;

(D) A trust established or to be established:

(i) For the purpose of allowing the new vehicle dealer to
continue to qualify as such under the manufacturer's or
distributor's standards; or

(ii) To provide for the succession of the franchise agreement
to designated family members or qualified management in the event
of death or incapacity of the dealer or its principle owner or
owners.

(iii) Upon exercising the right of first refusal by a
manufacturer, it eliminates any requirement under its dealer
agreement or other applicable provision of this statute that the
manufacturer evaluate, process or respond to the underlying
proposed transfer by approving or rejecting the proposal, is not
subject to challenge as a rejection or denial of the proposed
transfer by any party.

(iv) Except as otherwise provided in this subsection, the
manufacturer or distributor agrees to pay the reasonable expenses,
including reasonable out-of-pocket professional fees which shall
include, but not be limited to, accounting, legal or appraisal
services fees that are incurred by the proposed owner or transferee
before the manufacturer's or distributor's exercise of its right of
first refusal. Payment of the expenses and fees for professional
services are not required if the dealer fails to submit an
accounting of those expenses and fees within twenty days of the
dealer's receipt of the manufacturer's or distributor's written
request for such an accounting. Such a written account of fees and
expenses may be requested by a manufacturer or distributor before
exercising its right of first refusal;

(r) Except for experimental low-volume not-for-retail sale
vehicles, cause warranty and recall repair work to be performed by
any entity other than a new motor vehicle dealer;

(s) Make any material change in any franchise agreement
without giving the new motor vehicle dealer written notice by certified mail of the change at least sixty days prior to the
effective date of the change;

(t) Fail to reimburse a new motor vehicle dealer, at the
dealer's regular rate, or the full and actual cost of providing a

loaner vehicle to any customer who is having a vehicle serviced at
the dealership if the provision of the loaner vehicle is required
by the manufacturer;

(u) Compel a new motor vehicle dealer through its finance
subsidiaries to agree to unreasonable operating requirements or to
directly or indirectly terminate a franchise through the actions of
a finance subsidiary of the franchisor. This subsection does not
limit the right of a finance subsidiary to engage in business
practices in accordance with the usage of trade in retail or
wholesale vehicle financing;

(v) Discriminate directly or indirectly between dealers on
vehicles of like grade or quantity where the effect of the
discrimination would substantially lessen competition; and

(w) Use or employ any performance standard that is not fair
and reasonable and based upon accurate and verifiable data made
available to the dealer.

(3) A manufacturer or distributor, either directly or through
any subsidiary, may not terminate, cancel, fail to renew or
discontinue any lease of the new motor vehicle dealer's established
place of business except for a material breach of the lease.

(4) Except as may otherwise be provided in this article, no manufacturer or franchisor shall sell, directly or indirectly, any
new motor vehicle to a consumer in this state, except through a new
motor vehicle dealer holding a franchise for the line-make covering
such new motor vehicle. This subsection shall not apply to
manufacturer or franchisor sales of new motor vehicles to
charitable organizations, qualified vendors or employees of the
manufacturer or franchisor.

(5) Except when prevented by an act of God, labor strike,
transportation disruption outside the control of the manufacturer
or time of war, a manufacturer or distributor may not refuse or
fail to deliver, in reasonable quantities and within a reasonable
time, to a dealer having a franchise agreement for the retail sale
of any motor vehicle sold or distributed by the manufacturer, any
new motor vehicle or parts or accessories to new motor vehicles as
are covered by the franchise if the vehicles, parts and accessories
are publicly advertised as being available for delivery or are
actually being delivered. All models offered for sale by the
manufacturer, without any enrollment, surcharge, unreasonable
facility or building or any other unreasonable type of upgrade
requirement or acquisition fee, shall be available to the
franchised dealer at no additional cost for that particular model
of vehicle.

WVC 17 A- 6 A- 11
§17A-6A-11. Where motor vehicle dealer deceased or incapacitated.
(1) Any designated family member of a deceased or
incapacitated new motor vehicle dealer may succeed the dealer in
the ownership or operation of the dealership under the existing
dealer agreement if the designated family member gives the
manufacturer or distributor written notice of his or her intention
to succeed to the dealership within one hundred twenty days after
the dealer's death or incapacity, agrees to be bound by all of the
terms and conditions of the dealer agreement, and the designated
family member meets the current criteria generally applied by the
manufacturer or distributor in qualifying new motor vehicle
dealers. A manufacturer or distributor may refuse to honor the
existing dealer agreement with the designated family member only
for good cause. In determining whether good cause exists for
refusing to honor the agreement, the manufacturer or distributor
has the burden of proving that the designated successor is a person
who is not of good moral character or does not meet the
manufacturer's existing written, reasonable and uniformly applied
standards for business experience and financial qualifications.

(2) The manufacturer or distributor may request from a
designated family member such personal and financial data as is
reasonably necessary to determine whether the existing dealer
agreement should be honored. The designated family member shall supply the personal and financial data promptly upon the request.

(3) If a manufacturer or distributor believes that good cause
exists for refusing to honor the succession, the manufacturer or
distributor may, within forty-five days after receipt of the notice
of the designated family member's intent to succeed the dealer in
the ownership and operation of the dealership, or within forty-five
days after the receipt of the requested personal and financial
data, serve upon the designated family member notice of its refusal
to approve the succession.

(4) The notice of the manufacturer or distributor provided in
subsection (3) above shall state the specific grounds for the
refusal to approve the succession and that discontinuance of the
agreement shall take effect not less than ninety days after the
date the notice is served.

(5) If notice of refusal is not served within the sixty days
provided for in subsection (3) of this section, the dealer
agreement continues in effect and is subject to termination only as
otherwise permitted by this article.

(6) This section does not preclude a new motor vehicle dealer
from designating any person as his or her successor by will or any
other written instrument filed with the manufacturer or
distributor, and if such an instrument is filed, it alone
determines the succession rights to the management and operation of
the dealership.

WVC 17 A- 6 A- 12
§17A-6A-12. Establishment and relocation or establishment of
additional dealers.
(1) As used in this section, "relocate" and "relocation" do
not include the relocation of a new motor vehicle dealer within
four miles of its established place of business or an existing new
motor vehicle dealer sells or transfers the dealership to a new
owner and the successor new motor vehicle dealership owner
relocates to a location within four miles of the seller's last open
new motor vehicle dealership location. The relocation of a new
motor vehicle dealer to a site within the area of sales
responsibility assigned to that dealer by the manufacturing branch
or distributor may not be within six air miles of another dealer of
the same line-make.

(2) Before a manufacturer or distributor enters into a dealer
agreement establishing or relocating a new motor vehicle dealer
within a relevant market area where the same line-make is
represented, the manufacturer or distributor shall give written
notice to each new motor vehicle dealer of the same line-make in
the relevant market area of its intention to establish an
additional dealer or to relocate an existing dealer within that
relevant market area.

(3) Within sixty days after receiving the notice provided in
subsection (2) of this section, or within sixty days after the end
of any appeal procedure provided by the manufacturer or
distributor, a new motor vehicle dealer of the same line-make within the affected relevant market area may bring a declaratory
judgment action in the circuit court for the county in which the
new motor vehicle dealer is located to determine whether good cause
exists for the establishing or relocating of the proposed new motor
vehicle dealer: Provided, That a new motor vehicle dealer of the
same line-make within the affected relevant market area shall not
be permitted to bring such an action if the proposed relocation
site would be further from the location of the new motor vehicle
dealer of the same line-make than the location from which the
dealership is being moved. Once an action has been filed, the
manufacturer or distributor may not establish or relocate the
proposed new motor vehicle dealer until the circuit court has
rendered a decision on the matter. An action brought pursuant to
this section shall be given precedence over all other civil matters
on the court's docket. The manufacturer has the burden of proving
that good cause exists for establishing or relocating a proposed
new motor vehicle dealer.

(4) This section does not apply to the reopening in a relevant
market area of a new motor vehicle dealer that has been closed or
sold within the preceding two years if the established place of
business of the new motor vehicle dealer is within four miles of
the established place of business of the closed or sold new motor
vehicle dealer.

(5) In determining whether good cause exists for establishing
or relocating an additional new motor vehicle dealer for the same line-make, the court shall take into consideration the existing
circumstances, including, but not limited to, the following:

(a) Permanency and amount of the investment, including any
obligations incurred by the dealer in making the investment;

(b) Effect on the retail new motor vehicle business and the
consuming public in the relevant market area;

(c) Whether it is injurious or beneficial to the public
welfare;

(d) Whether the new motor vehicle dealers of the same
line-make in the relevant market area are providing adequate
competition and convenient consumer care for the motor vehicles of
that line-make in the market area, including the adequacy of motor
vehicle sales and qualified service personnel;

(e) Whether the establishment or relocation of the new motor
vehicle dealer would promote competition;

(f) Growth or decline of the population and the number of new
motor vehicle registrations in the relevant market area; and

(g) The effect on the relocating dealer of a denial of its
relocation into the relevant market area.

WVC 17 A- 6 A- 13
§17A-6A-13. Obligations regarding warranties.
(1) Each new motor vehicle manufacturer or distributor shall
specify in writing to each of its new motor vehicle dealers
licensed in this state the dealer's obligations for preparation,
delivery and warranty service on its products. The manufacturer or
distributor shall compensate the new motor vehicle dealer for
warranty service required of the dealer by the manufacturer or
distributor. The manufacturer or distributor shall provide the new
motor vehicle dealer with the schedule of compensation to be paid
to the dealer for parts, work and service, and the time allowance
for the performance of the work and service.

(2) The schedule of compensation shall include reasonable
compensation for diagnostic work, as well as repair service and
labor. Time allowances for the diagnosis and performance of
warranty work and service shall be reasonable and adequate for the
work to be performed. In the determination of what constitutes
reasonable compensation under this section, the principal factor to
be given consideration shall be the prevailing wage rates being
paid by dealers in the community in which the dealer is doing
business, and in no event may the compensation of a dealer for
warranty labor and parts be less than the rates charged by the
dealer for like service to retail customers for nonwarranty service
and repairs, provided that the rates are reasonable. However, in the case of a new motor vehicle dealer of motorcycles or
recreational vehicles, in no event may the compensation of a dealer
for warranty parts be less than the dealer's cost of acquiring the
part plus twenty percent.

(3) A manufacturer or distributor may not do any of the
following:

(a) Fail to perform any warranty obligation;

(b) Fail to include in written notices of factory recalls to
new motor vehicle owners and dealers the expected date by which
necessary parts and equipment will be available to dealers for the
correction of the defects; or

(c) Fail to compensate any of the new motor vehicle dealers
licensed in this state for repairs effected by the recall.

(4) All claims made by a new motor vehicle dealer pursuant to
this section for labor and parts shall be paid within thirty days
after their approval. All claims shall be either approved or
disapproved by the manufacturer or distributor within thirty days
after their receipt on a proper form generally used by the
manufacturer or distributor and containing the usually required
information therein. Any claim not specifically disapproved in
writing within thirty days after the receipt of the form is
considered to be approved and payment shall be made within thirty
days. The manufacturer has the right to initiate an audit of a claim within twelve months after payment and to charge back to the
new motor vehicle dealer the amount of any false, fraudulent or
unsubstantiated claim, subject to the requirements of section
eight-a of this article.

(5) The manufacturer shall accept the return of any new and
unused part, component or accessory that was ordered by the dealer,
and shall reimburse the dealer for the full cost charged to the
dealer for the part, component or accessory if the dealer returns
the part and makes a claim for the return of the part within one
year of the dealer's receipt of the part, component or accessory
and provides reasonable documentation, to include any changed part
numbers to match new part numbers, provided that the part was
ordered for a warranty repair.

WVC 17 A- 6 A- 14
§17A-6A-14. Acceptance of vehicles; risk of loss or damage.
(1) Notwithstanding the terms, provisions or conditions of any
agreement, a new motor vehicle dealer is solely liable for damages
to new motor vehicles after acceptance from the carrier, after a
three-day period for proper inspection of the vehicle and before
delivery to the ultimate purchaser. Acceptance by the new motor
vehicle dealer shall occur when the new motor vehicle dealer signs
a delivery receipt for any motor vehicle.

(2) Notwithstanding the terms, provisions or conditions of any
agreement, the manufacturer or distributor is liable for all
damages or repairs to motor vehicles before delivery to a carrier
or transporter and shall indemnify the new motor vehicle dealer for
any such damages or repairs.

(3) The new motor vehicle dealer is liable for damages to new
motor vehicles after delivery to the carrier only if the dealer
selects the method of transportation, mode of transportation and
the carrier. In all other instances, the manufacturer or
distributor is liable for new motor vehicle damage.

(4) If the new motor vehicle dealer rejects a new motor
vehicle pursuant to this section, the manufacturer or distributor
shall credit the dealer's account within ten business days after
receipt of the notice of rejection.

WVC 17 A- 6 A- 15
§17A-6A-15. Indemnity.
Notwithstanding the terms of any dealer agreement, a
manufacturer or distributor shall indemnify and hold harmless its
dealers for any reasonable expenses incurred, including damages,
court costs and attorney's fees, arising solely out of complaints,
claims or actions which relate to the manufacture, assembly, design
of a new motor vehicle or other functions by the manufacturer or
distributor beyond the control of the dealer, including, without
limitation, the selection by the manufacturer or distributor of
parts or components for the vehicle, and any damages to merchandise
occurring prior to acceptance of the vehicle by the dealer to the
dealer if the carrier is designated by the manufacturer or
distributor, if the new motor vehicle dealer gives timely notice to
the manufacturer or distributor of the complaint, claim or action.

WVC 17 A- 6 A- 16
§17A-6A-16. Actions at law; damages.
(1) If a manufacturer or distributor terminates, cancels,
fails to renew or discontinues a dealer agreement for other than
good cause as defined in this article, or commits any other
violation of this article, the new motor vehicle dealer adversely
affected by the actions may bring an action for damages and
equitable relief against the manufacturer or distributor. If the
new motor vehicle dealer prevails, the dealer may recover, in
addition to actual damages, treble damages up to three times the
amount of the actual damages awarded, plus reasonable attorney's
fees, regardless of the amount in controversy. For the purposes of
the award of attorney's fees and costs, whenever the new motor
vehicle dealer is seeking injunctive or other relief, the dealer
may be considered to have prevailed when a judgment or other final
order providing equitable relief is entered in its favor.

(2) A manufacturer or distributor who violates this article is
liable for all damages sustained by a new motor vehicle dealer as
a result of the violation.

(3) A manufacturer or distributor or new motor vehicle dealer
may bring an action for declaratory judgment for determination of
any controversy arising pursuant to this article.

(4) Any corporation or association which is primarily owned by
or composed of dealers and which primarily represents the interests of dealers has standing to file a petition or cause of action with
the court of competent jurisdiction for itself or by, for or on
behalf of any, or a group of, new motor vehicle dealers for any
violation of this article or for the determination of any rights
created by this article.

(5) In addition to any county in which venue is proper in
accordance with the constitution and laws of this state, in any
cause of action brought by a new motor vehicle dealer against a
manufacturer or distributor for any violation of this article or
for the determination of any rights created by the dealer's
franchise agreement, venue is proper in the county in which the
dealer is engaged in the business of selling the products or
services of the manufacturer or distributor.

WVC 17A-6A-17
§17A-6A-17. Injunctive relief.
Upon proper application to the circuit court, a manufacturer
or distributor or new motor vehicle dealer may obtain appropriate
injunctive relief against termination, cancellation, nonrenewal or
discontinuance of a dealer agreement or any other violation of this
article. The court may grant injunctive relief or a temporary
restraining order without bond.

WVC 17 A- 6 A- 18
§17A-6A-18. West Virginia law to apply.
Notwithstanding the terms, provisions or requirements of any
franchise agreement, contract or other agreement of any kind
between a new motor vehicle dealer and a manufacturer or
distributor or any subsidiary, affiliate or partner of a
manufacturer or distributor, the provisions of the code of West
Virginia apply to all such agreements and contracts. Any
provisions in the agreements and contracts which violate the terms
of this section are null and void.

No person shall engage in the license service business in West
Virginia without a license certificate. For purposes of this
article, the term "license service or services" shall mean any
person processing division of motor vehicle documents for
compensation when such service or services are offered to the
general public.

Application for a license certificate shall be made on a
form prescribed by the commissioner and shall disclose such
information the commissioner requires. Such application shall be
verified by an oath or affirmation of the applicant, if an
individual, or if the applicant is a copartnership or corporation,
by a partner or officer thereof.

WVC 17 A- 6 B- 2
§17A-6B-2. Applicant must be bonded.

An application for a license certificate must be accompanied
by a bond in the penal sum of twenty-five thousand dollars and have
a corporate surety authorized to do business in this state, to
ensure that the applicant will not, in the conduct of his or her
business, make any fraudulent representation which shall cause a
financial loss to any purchaser, seller, financial institution,
agency, or the state of West Virginia. The bond shall be effective
on the date the license certificate is issued.

A licensee shall keep the bond in full force and effect at all
times. The aggregate liability of the surety in no event shall
exceed the principal sum of the bond. The surety on such bond
shall have the right to cancel such bond upon giving thirty days
notice to the commissioner and thereafter shall be relieved of
liability for any breach of condition occurring after the effective
date of said cancellation.

WVC 17 A- 6 B- 3
§17A-6B-3. Fee required for license certificate; special fund
created.
The initial application fee for a certificate to engage in the
license service business is twenty-five dollars. The renewal fee
for the certificate is twenty-five dollars.
WVC 17A-6B-4
§17A-6B-4. Investigation prior to issuance of license
certificate; information confidential.
Upon receipt of a completed application, the required bond,
and the application fee, the commissioner may conduct such
investigation, as necessary, to determine the accuracy of any
statements contained in the application and the existence of any
other facts relevant in considering such application. To
facilitate such investigation, the commissioner may withhold
issuance or refusal of the license certificate for a period not to
exceed twenty days.

Any application for a license certificate under the provisions
of this article and any information submitted therewith shall be
confidential for the use of the division. No person shall divulge
any information contained in any application or any information
submitted therewith, except in response to a valid subpoena or
subpoena duces tecum issued pursuant to law.

WVC 17A-6B-5
§17A-6B-5. Refusal of license certificate.
If the commissioner finds that the applicant:

(1) Has failed to furnish the required bond;

(2) Has knowingly made a false statement of a material fact in
the application;

(3) Has habitually defaulted on financial obligations;

(4) Has been convicted of a felony within five years
immediately preceding receipt of the application by the
commissioner;

(5) So far as can be ascertained, has not complied with and
will not comply with the registration and title laws of this state;

(6) Has been guilty of any fraudulent act in connection with
the business of licensing service; or

(7) Has done any act or has failed or refused to perform any
duty for which the license certificate sought could be suspended or
revoked were it then issued and outstanding.

Then, upon the basis of the application, such findings, and
all other information, the commissioner shall make and enter an
order denying the application for a license certificate, which
denial is final and conclusive unless an appeal is taken.
Otherwise, the commissioner shall issue to the applicant the
license certificate which shall entitle the licensee to engage in
the license service business.

WVC 17A-6B-6
§17A-6B-6. When application to be made; expiration of license
certificate; renewal.
(a) The initial application for a license certificate to
engage in a license service business shall be made thirty days
prior to the first day of January, one thousand nine hundred
ninety-one. This license shall be valid for one year.

(b) Any initial application made after the first day of
January, one thousand nine hundred ninety-one, and any year
thereafter, shall expire on the thirty-first day of December of
that year.

(c) A license certificate may be renewed by paying the renewal
fee and after review by the commissioner.

(d) A license certificate issued in accordance with the
provisions of this article shall not be transferable.

WVC 17A-6B-7
§17A-6B-7. Form and display of license certificate; certified
copies of license.
(a) The commissioner shall prescribe the form of the license
certificate for a license service business. Each license
certificate shall have printed thereon the seal of the division,
the location of each place of business of the licensee, the year
for which the license is issued, the serial number, and such other
information the commissioner may prescribe. The license
certificate shall be delivered or mailed to the licensee.

(b) When a licensee conducts his or her licensed business at
more than one location, he or she shall, upon application therefor,
obtain from the commissioner, for each such place of business, one
certified copy of the license certificate. A fee of one dollar
shall be paid for each such certified copy. Each licensee shall
keep his or her license certificate or certified copy thereof
conspicuously posted at each place of business.

(c) In the event of the loss or destruction of a license
certificate or a certified copy thereof, the licensee shall
immediately make application for a certified copy of the license
certificate. A fee of one dollar shall be required for any such
certified copy.

WVC 17A-6B-8
§17A-6B-8. Changes in business; action required.
Every license service business shall notify the commissioner
within sixty days from the date on which any of the following
changes in the business occur:

(1) A change of the location of any place of business;

(2) A change of the name or trade name under which the
licensee engages or will engage in the business;

(3) The death of the licensee or any partner or partners
thereof;

(4) A change in any partners, officers or directors;

(5) A change in ownership of the business;

(6) A change in the type of legal entity by and through which
the licensee engages or will engage in the business; or

(7) The appointment of any trustee in bankruptcy, trustee
under an assignment for the benefit of creditors, master or
receiver.

When any change specified in subdivision (1), (2), (3), (4),
(5) or (6) occurs, an application for a new license certificate
shall immediately be filed with the commissioner: Provided, That
when a subdivision (3) change is involved, an application for a new
license certificate need not be filed during the balance of the
license year if a member of the family of such deceased person
succeeds to the interest in the business. Upon receipt and review
of the application, a new license certificate shall be issued
incorporating the changes. No additional fee for the balance of
the license year shall be required for the issuance of any new
license certificate issued as a result of any change specified in this section.

No new license certificate shall be required for any trustee
in bankruptcy, trustee under an assignment for the benefit of
creditors, receiver or master, appointed pursuant to law, who shall
take charge of or operate such business for the purpose of winding
up the affairs of such business or protecting the interests of the
creditors of such business.

WVC 17A-6B-9
§17A-6B-9. Investigation; grounds for suspending or revoking
license certificate; notice of refusal, suspension
or revocation of license certificate; relinquishing
license certificate and temporary plates or
markers.
The commissioner may conduct an investigation to determine
whether any provisions of this chapter have been violated by a
licensee. Any investigation shall be kept in strictest confidence
by the commissioner, the division, the licensee, any complainant
and all other persons, unless and until the commissioner suspends
or revokes the license certificate of the licensee involved.

(a) The commissioner may suspend or revoke a license
certificate if the commissioner finds that the licensee:

(1) Has failed or refused to comply with the laws of this
state relating to the registration and titling of vehicles and the
giving of notices of transfers;

(2) Has failed or refused to comply with the provisions and
requirements of this article, and the promulgated rules and
regulations authorized in section nine, article two of this chapter
which were implemented by the commissioner, in accordance with the
provisions of article three, chapter twenty-nine-a of this code, to
enforce the provisions of this article; or

(b) The commissioner shall suspend or revoke a license
certificate if the commissioner finds that the licensee:

(1) Has knowingly made a false statement of a material fact in
his or her application for the license certificate then issued and
outstanding;

(2) Has habitually defaulted on financial obligations;

(3) Has been guilty of any fraudulent act in connection with
the license service business;

(4) Has defrauded or is attempting to defraud the state or any
political subdivision of the state of any taxes or fees in
connection with the sale or transfer of any vehicle;

(5) Has committed fraud in the registration of a vehicle;

(6) Has knowingly purchased, sold or otherwise dealt in a
stolen vehicle or vehicles;

(7) Has advertised by any means, with intent to defraud, any
material representation or statement of fact which is untrue,
misleading or deceptive in any particular, relating to the conduct
of the licensed business;

(8) Has a license certificate to which he is not lawfully
entitled; or

(9) The existence of any other ground upon which the license
certificate could have been refused, or any ground which would be
cause for refusing a license certificate to such licensee were he
then applying for the same.

(c) Whenever a licensee fails or refuses to keep the bond
required by section two of this article in full force and effect,
the license certificate of such licensee shall automatically be
suspended unless and until the required bond is furnished to the
commissioner, in which event the suspension shall be vacated.

(d) Whenever the commissioner shall refuse to issue a license
certificate, or shall suspend or revoke a license certificate, or
shall suspend the right of a licensee to issue temporary plates or markers under the provisions of section fifteen, article six of
this chapter, he or she shall make and enter an order to that
effect and shall cause a copy of such order to be served in person
or by certified mail, return receipt requested, on the applicant or
licensee, as the case may be.

(e) Suspensions hereunder shall continue until the cause
therefor has been eliminated or corrected. Whenever a license
certificate and the right of a licensee to issue temporary
registration plates or markers is suspended or revoked, the
commissioner shall, in the order of suspension or revocation,
direct the licensee to return to the division his or her license
certificate and any temporary registration plates or markers still
in the licensee's possession and issued in conjunction with the
issuance of such license service certificate. It is the duty of
the licensee to comply with the order. Whenever a licensee fails
or refuses to comply with any order herein specified, the
commissioner shall proceed as provided in section seven, article
nine of this chapter.

(f) Any applicant whose request for a license certificate is
refused, and any licensee whose license certificate is suspended or
revoked, may appeal such order in accordance with the procedures
set by the commissioner.

(g) Revocation of a license certificate shall not preclude
application for a new license certificate, which application shall
be processed in the same manner. The license certificate shall be
issued or refused on the same grounds as any other application for
a license certificate, except that any previous suspension and revocation may be considered in deciding whether to issue or refuse
such license certificate.

WVC 17A-6B-10
§17A-6B-10. Temporary registration plates or markers.
(a) In order to permit a vehicle which is to be titled and
registered to be operated on the streets and highways pending
receipt of the annual registration plate from the division for such
vehicle, the commissioner may, subject to the limitations and
conditions hereinafter set forth, deliver temporary vehicle
registration plates or markers to persons engaged in license
service businesses who in turn may, subject to the limitations and
conditions hereinafter set forth, issue the same to applicants for
title and registration of vehicles, but such applicants must comply
with the pertinent provisions of this section.

(b) Application by a license service business to the
commissioner for such temporary registration plates or markers
shall be made on the form prescribed and furnished by the
commissioner for such purpose and shall be accompanied by a fee of
three dollars for each such temporary registration plate or marker.
No refund or credit of fees paid by license services to the
commissioner for temporary registration plates or markers shall be
allowed, except that in the event the commissioner discontinues the
issuance of such temporary plates or markers, license services
returning temporary registration plates or markers to the
commissioner may petition for and be entitled to a refund or a
credit thereof.

(c) Every license service who has made application for and
received temporary registration plates or markers shall maintain in
permanent form a record of all temporary registration plates or
markers delivered to the licensee, a record of all temporary registration plates or markers issued, and a record of any other
information pertaining to the receipt or the issuance of temporary
registration plates or markers which the commissioner may require.
Each such record shall be kept for a period of at least three years
from the date of the making thereof.

Every licensee who issues a temporary registration plate or
marker shall, within five working days after the issuance of such
plate or marker, send to the division a copy of the temporary
registration plate or marker certificate properly executed by the
license service and the purchaser.

No temporary registration plates or markers may be delivered
to any license service until such license service has fully
accounted to the commissioner for the temporary registration plates
or markers last delivered to such license service, by showing the
number issued to purchasers by such license service and any on
hand.

(d) A license service shall not issue, assign, or deliver a
temporary registration plate or marker to anyone other than the
bona fide applicant for title and registration of the vehicle to be
registered. Not more than one temporary registration plate or
marker shall be issued to the same bona fide applicant for the same
vehicle. A license service shall not issue a temporary
registration plate or marker to anyone possessed of an annual
registration plate for a vehicle which has been sold or exchanged,
except a license service may issue a temporary registration plate
or marker to the bona fide applicant of a vehicle to be registered
who possesses an annual registration plate of a different class and makes application to the division to exchange such annual
registration plate of a different class in accordance with the
provisions of section one, article four of this chapter. A license
service shall not lend to anyone, or use on any vehicle which he
may own, a temporary registration plate or marker.

It is unlawful for any license service to issue any temporary
registration plate or marker which contains a misstatement of fact
or false information.

No license service shall issue, assign or deliver a temporary
registration plate or marker to anyone unless and until the license
service has physical possession of the application and appropriate
fees and taxes of the vehicle to be titled and registered. Such
application, fees, and taxes shall be postmarked to the issuing
agency or submitted to the division of motor vehicles within
forty-eight hours after issuance of the temporary plate or marker.

(e) Every license service who issues temporary registration
plates or markers shall affix or insert clearly and indelibly on
the face of each temporary registration plate or marker the date of
issuance and expiration thereof, and the make, model, and serial
number of the vehicle for which issued.

(f) If the commissioner finds that the provisions of this
section or his or her directions are not being complied with by a
license service, he or she may suspend the right of such license
service to issue temporary registration plates or markers.

(g) A temporary registration plate or marker shall expire upon
the receipt of the annual registration plate from the division, or
upon the rescission of the contract to purchase the vehicle in question, or upon the expiration of sixty days from the date of
issuance, depending upon which event occurs first.

(h) A license service may charge a fee not to exceed five
dollars for issuing a temporary registration plate or marker.

WVC 17A-6B-11
§17A-6B-11. Inspections; violations and penalties.
(a) The commissioner and all law-enforcement officers of the
state, acting at the commissioner's request, are hereby authorized
to inspect the place of business and pertinent records, documents
and papers of any person required to be licensed under the
provisions of this article to the extent deemed reasonably
necessary to determine compliance with and violations of this
article. For the purpose of making any such inspection, the
commissioner and such law-enforcement officers are authorized, at
reasonable times, to enter in and upon any such place of business.

(b) Any person who shall violate any provision of this article
or any final order of the commissioner or board hereunder shall be
guilty of a misdemeanor, and the provisions of article eleven of
this chapter governing violations of this chapter generally shall
be fully applicable thereto.

WVC 17A-6B-12
§17A-6B-12. Injunctive relief.
(a) Whenever it appears to the commissioner that any person or
licensee has violated any provision of this article or any final
order of the commissioner, the commissioner may petition, in the
name of the state, the circuit court of the county in which the
violation or violations occurred, for an injunction against such
person or licensee. A violation or violations resulting in
prosecution or conviction under the provisions of article eleven of
this chapter shall not prohibit injunctive relief.

The circuit court may, by mandatory or prohibitory injunction,
compel compliance with the provisions of this article and all final
orders of the commissioner. The court may also issue temporary
injunctions.

(b) The judgment by the circuit court shall be final unless
reversed, vacated or modified on appeal to the supreme court of
appeals. Any such appeal shall be sought in the manner and within
the time provided by law for appeals from circuit courts in other
civil cases.

WVC 17A-6B-13
§17A-6B-13. Promulgation of rules.
The commissioner shall promulgate rules in accordance with
chapter twenty-nine-a of this code in order to effect the
provisions of this article.

WVC 17 A- 6 C-
ARTICLE 6C. AUTOMOBILE AUCTION BUSINESSES.

WVC 17 A- 6 C- 1
§17A-6C-1. License certificate required; application form;
prohibited acts; reassignment of title; and
exemption from privilege tax.
(a) A person, partnership or corporation may not engage in,
represent or advertise that he, she or it is in the business of
conducting automobile auctions without first obtaining a license
certificate from the office of the commissioner. The commissioner
shall provide an application form for applicants seeking a license
certificate. The applicant shall provide full information required
by the commissioner on the application form. The applicant, if a
person, shall verify the information on the form by oath or
affirmation. If the applicant is a partnership or corporation, the
oath or affirmation shall be made by a partner or an officer of the
corporation.

(b) For the purposes of this article, the term "automobile
auction" means an auction or other sale where twenty or more used
motor vehicles are offered for sale by auction within a license
year, but does not include a sale or auction of surplus vehicles by
an agency of this state, a municipality of this state or of the
federal government or a sale or auction of repossessed vehicles by
a financial institution or a sale or auction by a licensed motor
vehicle dealer of vehicles owned by said dealer.

(c) The automobile auction may auction or sell vehicles owned by the auction or may auction vehicles which are owned by others,

(d) When the transferee of a vehicle is an automobile auction
which holds the same for resale and lawfully operates the same
under Class AA plates, such automobile auction shall not be
required to obtain a new registration of said vehicle or be
required to forward the certificate of title to the division, but
upon transfer of title or interest to another person the automobile
auction shall execute and acknowledge an assignment and warranty of
title upon the certificate of title and deliver the same not later
than sixty days from date of sale to the person to whom such
transfer is made.

(e) The tax imposed by section four, article three of this
chapter does not apply to the titling of vehicles purchased for
resale by an automobile auction.

(f) Notwithstanding any other provision of this article, while
the vehicle is in the possession and control of an automobile
auction business, its employees may not operate or allow another to
operate a vehicle with a salvage or a nonrepairable motor vehicle
certificate issued pursuant to section ten, article four of this
chapter on the roads and highways of this state. In accordance
with the temporary plate provisions and the special dealer plate
provisions of this article, an automobile auction may operate or
allow another person to operate a vehicle on the roads and highways of this state that has a cosmetic total loss salvage certificate
issued pursuant to section ten, article four of this chapter.

WVC 17 A- 6 C- 2
§17A-6C-2. Bonds and insurance.

(a) An application for a license certificate must be
accompanied by a bond, issued by a surety corporation authorized to
issue bonds in this state, in the penal sum of twenty-five thousand
dollars, to ensure that the licensee will not make fraudulent
representations to the detriment of any purchaser, seller,
financial institution or the state of West Virginia. The bond
shall be effective on the date the license certificate is issued.
A licensee shall keep the bond in full force and effect at all
times. The aggregate liability of the surety in no event shall
exceed the principal sum of the bond. The surety of the bond shall
have the right to cancel upon giving thirty days' notice to the
commissioner and shall be relieved of liability for any breach of
condition occurring after the effective date of the cancellation.

(b) An application for a license certificate must also be
accompanied by a certificate of insurance certifying that the
applicant has in force an insurance policy, issued by an insurance
company authorized to do business in this state, insuring the
applicant and any other person using any vehicle or vehicles owned
by, or in the possession of, the applicant with the expressed or
implied permission of the applicant, against loss from the
liability imposed by law for damages arising out of the ownership,
possession, operation, maintenance or use of such vehicles, subject
to minimum limits, exclusive of interest and costs, with respect to
each vehicle, as follows: Twenty thousand dollars because of
bodily injury to or death of one person in any one accident and,
subject to said limit for one person, forty thousand dollars because of bodily injury to or death of two or more persons in any
one accident and ten thousand dollars because of injury to or
destruction of property of others in any one accident.

(c) The liability insurance policy shall run concurrently with
the license year and shall remain in full force and effect at all
times.

(d)All persons conducting business at or through an
automobile auction business in this state must obey all division of
motor vehicles laws and rules.

(e) Automobile auction businesses shall report any violations
of law or any scheme designed to deceive or defraud the automobile
buying public and assist in prosecuting those involved in such
acts.

WVC 17 A- 6 C- 3
§17A-6C-3. Established place of business requirements.

Each automobile auction shall:

(a) Be located at a permanent site which is owned or leased by
the licensee.

(b) Have no other class of dealership operating from the
automobile auction location.

(c) Have office space of at least one hundred forty-five
square feet, with necessary office furniture, heating and lighting
facilities, restroom facilities and a telephone listed in the name
of the automobile auction.

(d) Maintain parking space for at least one hundred vehicles.

(e) Display at least one permanent sign that is clearly
visible from the nearest street or highway. The sign shall state
that automobile auctions are conducted at that site.

WVC 17 A- 6 C- 4
§17A-6C-4. Fee required for license certificate.

(a) The initial application fee for a certificate to engage in
the automobile auction business is two hundred fifty dollars. The
renewal fee is one hundred dollars.

(b) The fee entitles the licensee to one special plate known
as the Class AA special plate.

(c) A licensee is also entitled to additional Class AA special
plates for a fee of twenty-five dollars each based on the following
formula:

(a) Upon receipt of a completed application, the required
bond, certificate of insurance and the application fee, the
commissioner may investigate to determine the accuracy of the
application and any facts relevant to the application. The
commissioner may withhold issuance or refusal of a license for up
to twenty days after an application is received.

(b) An application for a license certificate under the
provisions of this article and any information submitted are
confidential. No person may divulge any information contained in
any application or any information submitted except in response to
a valid subpoena or subpoena duces tecum.

WVC 17 A- 6 C- 6
§17A-6C-6. Refusal of license certificate.

The commissioner shall deny an application if he or she finds
that the applicant:

(a) Has failed to furnish the required bond;

(b) Has failed to furnish the required certificate of
insurance;

(c) Has knowingly made a false statement of a material fact in
the application;

(d) Has habitually defaulted on financial obligations;

(e) Has been convicted of a felony within five years
immediately preceding receipt of the application by the
commissioner;

(f) Has been refused, or has had revoked, an automobile
auction license in any other state or jurisdiction within five
years immediately preceding receipt of the application by the
commissioner;

(g) So far as can be ascertained, has not complied with and
will not comply with the registration and title laws of this state;

(h) Has been convicted of any fraudulent act in connection
with the business of an automobile auction; or

(i) Has committed any act or has failed or refused to perform
any duty for which the license certificate, if issued, could be
suspended or revoked.

WVC 17 A- 6 C- 7
§17A-6C-7. Licensing period, renewal and expiration.

(a) A license certificate may not be issued prior to the first
day of July, one thousand nine hundred ninety-three. Applicants
shall apply at least thirty days in advance. License certificates
expire on the thirtieth day of June each year.

(b) License certificates are renewable by the payment of fees
by a licensee in good standing with the commissioner. A license
certificate may not be transferred,or used by any person other
than the licensee, except as provided in section nine of this
article.

(a) The commissioner shall prescribe the form of the license
certificate for an automobile auction business. Each license
certificate shall have the seal of the division, the location of
each place of business of the licensee, the year for which the
license is issued, the serial number and other information the
commissioner may prescribe printed on it. The license certificate
shall be delivered or mailed to the licensee.

(b) When a licensee conducts business at more than one
location, he or she shall obtain from the commissioner one
certified copy of the license certificate for each place of
business for a fee of one dollar each. Each licensee shall keep
either his or her license certificate or a certified copy
conspicuously posted at each place of business.

(c) In the event of the loss or destruction of a license
certificate or a certified copy, the licensee shall immediately
make application for a certified copy of the lost license
certificate. The fee for a replacement copy is three dollars.

WVC 17 A- 6 C- 9
§17A-6C-9. Changes in business; action required.

Every automobile auction business shall notify the
commissioner immediately when any of the following changes in the
business occur:

(a) A change of the location of any place of business;

(b) A change of the name or trade name under which the
licensee engages or will engage in the business;

(c) The death of the licensee or any partner or partners
thereof;

(d) A change in any partners, officers or directors;

(e) A change in ownership of the business;

(f) A change in the type of legal entity by and through which
the licensee engages or will engage in the business; or

(g) The appointment of any trustee in bankruptcy, trustee
under an assignment for the benefit of creditors, master or
receiver.

When any change specified in subdivision (a), (b), (c), (d),
(e) or (f) occurs, an application for a new license certificate
shall immediately be filed with the commissioner: Provided, That
when a subdivision (c) change is involved, an application for a new
license certificate need not be filed during the balance of the
license year if a member of the family of the deceased person
succeeds to the interest in the business.

Upon receipt and review of the application, a new license
certificate shall be issued incorporating the changes. No
additional fee for the balance of the license year shall be
required for the issuance of any new license certificate issued as a result of any change specified in subdivision (a), (b), (c), (d),
(e) or (f).

No new license certificate is required for any trustee in
bankruptcy, trustee under an assignment for the benefit of
creditors, receiver or master, appointed pursuant to law, who takes
charge of or operates such business for the purpose of winding up
the affairs of such business or protecting the interests of the
creditors of such business.

WVC 17A-6C-10
§17A-6C-10. Investigation; grounds for suspending or revoking
license certificate; notice of refusal, suspension
or revocation of license certificate; relinquishing
license certificate and temporary plates or
markers.
(a) The commissioner may investigate whether any provisions of
this article have been violated by a licensee. Any investigation
conducted by the commissioner shall be confidential and the
confidentiality of the investigation shall be maintained by the
commissioner, the division, the licensee, any complainant and all
other persons until the commissioner suspends or revokes the
license certificate of the licensee involved.

(b) The commissioner may suspend or revoke a license
certificate if the commissioner finds that the licensee:

(1) Has failed or refused to comply with the laws of this
state relating to the registration and titling of vehicles and
requiring notices of transfers; or

(2) Has failed or refused to comply with the provisions of
this article and the rules promulgated hereunder.

(c) The commissioner shall suspend or revoke a license
certificate if the commissioner finds that the licensee:

(1) Has knowingly made a false statement of a material fact in
his or her application for the license certificate then issued and
outstanding;

(2) Has habitually defaulted on financial obligations;

(3) Has been guilty of any fraudulent act in connection with
the automobile auction business;

(4) Has defrauded or is attempting to defraud the state or any
political subdivision of the state of any taxes or fees in
connection with the sale or transfer of any vehicle;

(5) Has committed fraud in the registration of a vehicle;

(6) Has knowingly purchased, sold or otherwise dealt in a
stolen vehicle or vehicles;

(7) Has advertised by any means, with intent to defraud, any
material misrepresentation or misleading or deceptive statement of
fact, relating to the conduct of the licensed business;

(8) Has a license certificate to which he is not lawfully
entitled; or

(9) Has committed an act for which a certificate could have
been refused.

(d) If a licensee fails or refuses to keep the bond or
liability insurance required by section two of this article in
effect, the license certificate of the licensee shall automatically
be suspended unless and until the required bond and certificate of
insurance is furnished to the commissioner, in which event the
suspension shall be vacated.

(e) If the commissioner refuses to issue a license
certificate, or suspends or revokes a license certificate, or
suspends the right of a licensee to issue temporary plates or
markers under the provisions of section eleven, article six of this
chapter, he or she shall make and enter an order to that effect and
shall cause a copy of this order to be served in person or by
certified mail, return receipt requested, on the applicant or
licensee.

(f) Suspensions continue until the cause of suspension is
eliminated or corrected. If a license certificate and the right of
a licensee to issue temporary registration plates or markers is
suspended or revoked, the commissioner shall, in the order of
suspension or revocation, direct the licensee to return to the
division his or her license certificate and any temporary
registration plates or markers in the licensee's possession and
issued in conjunction with the issuance of an automobile auction
certificate. If a licensee fails or refuses to comply with any
order of the commissioner, the commissioner shall proceed as
provided in section seven, article nine of this chapter.

(g) Any applicant whose request for a license certificate is
refused, and any licensee whose license certificate is suspended or
revoked, may appeal the suspension or revocation in accordance with
the rules promulgated by the commissioner pursuant to this article.

(h) Revocation of a license certificate shall not preclude
application for a new license certificate, which shall be processed
in the same manner. The license certificate shall be issued or
denied on the same grounds as any other application for a license
certificate, except that any previous suspension and revocation may
be considered in deciding whether to issue or refuse the license
certificate.

WVC 17A-6C-11
§17A-6C-11. Temporary registration plates or markers.
(a) In order to permit a vehicle which is to be titled and
registered to be operated on the streets and highways pending
receipt of the annual registration plate, the commissioner may,
subject to the following limitations, deliver temporary vehicle
registration plates or markers to persons engaged in the automobile
auction business for issuance to applicants for title and
registration of vehicles.

(b) An application by an automobile auction business to the
commissioner for temporary registration plates or markers shall be
made on the form prescribed and furnished by the commissioner and
shall be accompanied by a fee of three dollars for each temporary
registration plate or marker. No refund or credit of fees paid by
automobile auction businesses to the commissioner for temporary
registration plates or markers is allowed, except in the event the
commissioner discontinues the issuance of temporary plates or
markers. Automobile auction businesses returning temporary
registration plates or markers to the commissioner may petition for
and be entitled to a refund or a credit.

(c) Every automobile auction business applying for and
receiving temporary registration plates or markers shall maintain
in permanent form a record of all temporary registration plates or
markers delivered to the licensee, a record of all temporary
registration plates or markers issued and a record of any other
information pertaining to the receipt or the issuance of temporary
registration plates or markers which the commissioner may require.
Each record shall be kept for a period of at least three years from the date issued. Every automobile auction business issuing a
temporary registration plate or marker shall send to the division
a copy of the temporary registration plate or marker certificate
properly executed by the automobile auction business and the
purchaser within five working days after the issuance of the plate
or marker. No temporary registration plates or markers may be
delivered to any automobile auction business until the business has
fully accounted to the commissioner for the temporary registration
plates or markers last delivered by showing the number issued to
purchasers and the number remaining to be issued.

(d) An automobile auction business may not issue, assign or
deliver a temporary registration plate or marker to anyone other
than the bona fide applicant for title and registration of the
vehicle to be registered. Not more than one temporary registration
plate or marker may be issued to the same bona fide applicant for
the same vehicle. An automobile auction business may not issue a
temporary registration or marker to anyone possessing an annual
registration plate for a vehicle which has been sold or exchanged,
except an automobile auction business may issue a temporary
registration plate or marker to the bona fide applicant who
possesses an annual registration plate of a different class and it
may make application to the division to exchange the annual
registration plate of a different class in accordance with the
provisions of section one, article four of this chapter. An
automobile auction business may not lend to anyone or use on any
vehicle which it may own, a temporary registration plate or marker.
It is unlawful for any automobile auction business to issue any temporary registration plate or marker which contains a
misstatement of fact or false information.

(e) Every automobile auction business issuing temporary
registration plates or markers shall affix or insert clearly and
indelibly on the face of each temporary registration plate or
marker the date of issuance, the date of expiration and the make,
model and serial number of the vehicle.

(f) If the commissioner finds that the provisions of this
section or his or her directions are not being complied with by an
automobile auction business, the commissioner may suspend the right
of the automobile auction business to issue temporary registration
plates or markers.

(g) A temporary registration plate or marker expires upon the
receipt of the annual registration plate from the division, or upon
the rescission of the contract to purchase the vehicle in question,
or upon the expiration of sixty days from the date of issuance,
whichever event occurs first.

WVC 17A-6C-12
§17A-6C-12. Use of special plates; records to be maintained by
automobile auction business; operation of vehicles
under special plates; expiration of special plate.

(a) Class AA special plates may be used by the automobile
auction business receiving them only for the purpose of
transporting or moving consigned or owned motor vehicles to and
from the automobile auction in the normal course of business or for
purposes of demonstrating vehicles owned by the auction which are
offered for sale: Provided, That under no circumstances may a
Class AA special plate be used on any work or service vehicle owned
by the automobile auction business on any vehicle being operated
for personal reasons or on any vehicle sold by or through it to a
purchaser.

(b) Every automobile auction business entitled to and issued
a special plate or plates under the provisions of this article
shall keep a written record of the location of each plate. Every
record shall be open to inspection by the commissioner, his or her
representative or any law-enforcement officer, when acting in an
official capacity.

(c) An automobile auction business licensee who holds on
consignment a vehicle or vehicles of the type required to be
registered under this chapter may operate or move the same upon the
streets and highways without registering each vehicle if the
vehicle displays a special plate issued as provided in this
article.

(d) Every special plate or plates shall expire at midnight on
the thirtieth day of June. A new plate or plates for the ensuing year may be obtained as specified in section four of this article.

WVC 17A-6C-13
§17A-6C-13. Records must be kept and maintained.
In addition to all other records required to be kept and
maintained, the licensee shall keep and maintain a record of the
following on forms and for the period of time proscribed by the
commissioner:

(a) Every vehicle which is sold at auction by a licensee or
received or accepted by the licensee for sale at auction;

(b) The name and address of the person from whom the vehicle
was acquired and the date thereof, the name and address of the
person to whom the vehicle was sold or auctioned, the date thereof,
and a description of each vehicle with name and identifying numbers
sufficient to identify it; and

(c) Records as the commissioner may require by reasonable
rules promulgated pursuant to this article.

All records required to be kept and maintained shall be kept
for a period of at least three years from the date of the making
and shall be open to inspection by the commissioner, his or her
representative or any law-enforcement officer while acting in an
official capacity.

WVC 17A-6C-14
§17A-6C-14. Notice of refusal, or suspension or revocation, of
license certificate or of suspension of right to
issue temporary registration plates or markers or
of suspension of an automobile auction special
plate or plates; relinquishing license certificate,
dealer special plate or plates and temporary plates
or markers.
(a) If the commissioner refuses to issue a license
certificate, or suspends or revokes a license certificate, or
suspends the right of an automobile auction business to issue
temporary plates or markers under the provisions of section fifteen
of this article, or suspends a Class AA special plate or plates, he
or she shall make and enter an order to that effect and shall cause
a copy of the order to be served in person or by certified mail,
return receipt requested, on the applicant or licensee.

(b) If a license certificate is suspended or revoked, the
commissioner shall, in the order of suspension or revocation,
direct the licensee to return to the department his or her license
certificate and any special Class AA plates and temporary
registration plates or markers issued in conjunction with the
issuance of the license certificate of the business. If the right
of an automobile auction business to issue temporary registration
plates or markers is suspended or a Class AA special plate or
plates are suspended, the commissioner shall in the order of
suspension direct the licensee to return to the department all
temporary registration plates or markers issued in conjunction with
the business. It is the duty of the licensee to comply with an order. If a licensee fails or refuses to comply with any order,
the commissioner shall proceed as provided in section seven,
article nine of this chapter.

WVC 17A-6C-15
§17A-6C-15. Inspections; violations and penalties.
(a) The commissioner and law-enforcement officers of the
state, acting at the commissioner's request, are hereby authorized
to inspect the place of business and pertinent records, documents
and papers of any person required to be licensed under the
provisions of this article to the extent deemed reasonably
necessary to determine compliance with the provisions of this
article. For the purpose of making an inspection, the commissioner
and law-enforcement officers are authorized, at reasonable times,
to enter the place of business.

(b) Any person who violates any provision of this article or
any final order of the commissioner isguilty of a misdemeanor and
issubjectto the provisions of article eleven of this chapter.

WVC 17A-6C-16
§17A-6C-16. Injunctive relief.
(a) If it appears to the commissioner that any person or
licensee has violated any provision of this article or any final
order of the commissioner, the commissioner may petition, in the
name of the state, the circuit court of the county in which the
violation or violations occurred, for an injunction against such
person or licensee. A violation or violations resulting in
prosecution or conviction under the provisions of article eleven of
this chapter shall not prohibit injunctive relief.

The circuit court may, by mandatory or prohibitory injunction,
compel compliance with the provisions of this article and all final
orders of the commissioner. The court may also issue temporary
injunctions.

(b) The judgment by the circuit court is final unless
reversed, vacated or modified on appeal to the supreme court of
appeals. Any such appeal shall be sought in the manner and within
the time provided by law for appeals from circuit courts in other
civil cases.

WVC 17A-6C-17
§17A-6C-17. Promulgation of rules.
The commissioner shall promulgate rules in accordance with
chapter twenty-nine-a of this code in order to effect the
provisions of this article. Any reference in this article to rules
shall be construed to mean rules promulgated in accordance with
said chapter.

WVC 17 A- 6 D-
ARTICLE 6D. DAILY PASSENGER RENTAL CAR BUSINESS.

WVC 17 A- 6 D- 1
§17A-6D-1. License certificate required; application.
No person may engage in a daily passenger rental car business
in West Virginia without a license certificate.

Application for a daily passenger rental car license
certificate shall be made on a form prescribed by the commissioner
and shall disclose any information required by the commissioner.
The application shall be verified by an oath or affirmation of the
applicant, if an individual, or if the applicant is a corporation,
partnership or limited liability company by a partner or officer
thereof.

WVC 17 A- 6 D- 2
§17A-6D-2. Collection of daily passenger car rental tax imposed.
The tax authorized by section four, article three of this
chapter and established by rules promulgated in accordance with the
provisions of article three, chapter twenty-nine-a of this code
shall be collected by each rental car business. The daily
passenger car business shall collect the tax on each vehicle rented
regardless of where the vehicle is titled or registered and shall
remit all taxes collected to the division of motor vehicles on a
monthly basis. All taxes collected pursuant to this section shall
be deposited in the state road fund and subject to appropriation by
the Legislature. The daily passenger car business shall complete
the returns required by the commissioner of motor vehicles and
submit them monthly with the remittance. In addition, an annual
return which summarizes the monthly returns is required. The
monthly returns are due no later than the fifteenth day following
the last day of the month for which the return applies, and the
annual return shall be due no later than the thirtieth day
following the close of the year to which it applies. The
commissioner of motor vehicles shall promulgate an emergency rule
pursuant to the provisions of chapter twenty-nine-a of this code
setting forth pertinent information regarding the collection of the
tax imposed under this section, the definition of a daily passenger
car rental business, and specifying forms. Nonpayment of the tax
shall constitute grounds for the commissioner of motor vehicles to
deny, suspend or revoke the license certificate set forth in this article. The emergency rule shall be filed on or before the first
day of June, two thousand.

WVC 17 A- 6 D- 3
§17A-6D-3. Liability of officers of corporation, etc.
If the taxpayer is an association, partnership or corporation,
the officers thereof shall be personally liable, jointly and
severally, for any default on the part of the association,
partnership or corporation, and payment of the tax and any
additions to the tax, penalties and interest on the tax imposed by
this article may be enforced against the officers as against the
association, partnership or corporation which they represent. Any
failure to collect the tax imposed in this article and/or any
failure to timely remit to the commissioner of motor vehicles the
tax imposed by this article constitutes a default for purposes of
this section. Any other failure to comply with the provisions of
this article constitutes a default for purposes of this section.

WVC 17 A- 6 D- 4
§17A-6D-4. Annual return; extension of time.
(a) Date due. -- On or before thirty days after the end of the
tax year, each person liable for the payment of any tax due under
this article shall make and file an annual return in such form as
may be required by the commissioner of motor vehicles, showing:

(1) Total gross proceeds of his or her daily passenger car
rental business for preceding tax year;

(2) Gross proceeds upon which the tax for that year was
computed; and

(3) Any other information necessary in the computation or
collection of the tax that the commissioner of motor vehicles may
require.

(b) Payment. -- After deducting the amount of prior payments
during the tax year, the taxpayer shall forward the annual return
along with payment of any remaining tax, due for the preceding tax
year, to the commissioner of motor vehicles. The taxpayer or his
duly authorized agent shall verify the return under oath.

(c) Extension of time. -- The commissioner of motor vehicles
for good cause shown, may, on written application of a taxpayer,
extend the time for making any return required by the provisions of
this article.

WVC 17 A- 6 D- 5
§17A-6D-5. Applicant must be bonded.
An application for a license certificate must be accompanied
by a bond in the penal sum of twenty-five thousand dollars and have
a corporate surety authorized to do business in this state, to
ensure that the applicant will not, in the conduct of his or her
business, make any fraudulent representation which causes a
financial loss to any purchaser, seller, financial institution,
agency or the state of West Virginia. The bond shall be effective
on the date the license certificate is issued.

A licensee shall keep the bond in full force and effect at all
times. The surety on the bond may cancel the bond upon giving
thirty days' notice to the commissioner and, after notice of
cancellation, the surety is relieved of liability for any breach or
condition occurring after the effective date of the cancellation.

WVC 17 A- 6 D- 6
§17A-6D-6. Fee required for license certificate.
The initial application fee for a certificate to engage in a
daily passenger rental car business is two hundred and fifty
dollars. The annual renewal fee for the certificate is one hundred
dollars.

WVC 17 A- 6 D- 7
§17A-6D-7. Investigation prior to issuance of license certificate;
information confidential.
Upon receipt of a completed application, the required bond and
the application fee, the commissioner may conduct an investigation
if necessary to determine the accuracy of any statements contained
in the application and the existence of any other facts relevant in
considering the application. To facilitate the investigation, the
commissioner may withhold issuance or refusal of the license
certificate for a period not to exceed thirty days.

Any application for a license certificate under the provisions
of this article and any information submitted regarding the
application shall be confidential for use of the division. No
person may divulge any information contained in any application or
any information submitted regarding the application, except in
response to a valid subpoena or subpoena duces tecum issued
pursuant to law.

(2) Has knowingly made a false statement of a material fact in
the application;

(3) Has habitually defaulted on financial obligations;

(4) Has been convicted of a felony within five years
immediately preceding receipt of the application by the
commissioner;

(5) Has not complied with the registration and title laws of
this state;

(6) Has been guilty of any fraudulent act in connection with
the business of a daily passenger rental car business;

(7) Has done any act or has failed or refused to perform any
duty for which the license certificate sought could be suspended or
revoked were it then issued and outstanding;

(8) Has not attained the age of eighteen years;

(9) Has been delinquent in the payment of any taxes owed to a
political subdivision of or to the state of West Virginia;

(10) Has been denied a license in another state or has been
the subject of license revocation or suspension in another state;

(11) Has committed any action in another state which, if it
had been committed in this state, would be grounds for denial and
refusal of the application for a license certificate.

Then, upon the basis of the application, such finding and all other information, the commissioner shall make and enter an order
denying the application for a license certificate. The denial is
final and conclusive subject to appeal. If there is no basis to
deny the application, the commissioner shall issue to the applicant
the license certificate which shall entitle the licensee to engage
in a daily passenger rental car business.

WVC 17 A- 6 D- 9
§17A-6D-9. When application to be made; expiration of license
certificate; renewal.
(a) The initial application for a license certificate to
engage in a daily passenger rental car business shall be made at
least thirty days prior to the first day of January, two thousand
one. This license shall be valid for one year.

(b) Any initial application made after the first day of
January, two thousand one, and any year thereafter, shall expire on
the thirty-first day of December of that year.

(c) A license certificate may be renewed by paying the renewal
fee and review by the commissioner. Any application for renewal
must be received by the commissioner at least thirty days prior to
its expiration.

(d) A license certificate issued in accordance with the
provisions of this article shall not be transferable.

WVC 17 A- 6 D- 10
§17A-6D-10. Form and display of license certificate; certified
copies of license.
(a) The commissioner shall prescribe the form of the license
certificate for a daily passenger rental car business. Each
license certificate shall have printed on the certificate the seal
of the division, the location of each place of business of the
licensee, the year for which the license is issued, the license
certificate number and any other information the commissioner may
prescribe. The license certificate shall be delivered or mailed to
the licensee.

(b) When a licensee conducts his or her licensed business at
more than one location, he or she shall apply to the commission for
a certified copy of the license certificate for each place of
business. A fee of one dollar shall be paid for each certified
copy of the license certificate. The license certificate is to be
conspicuously posted at each place of business.

(c) In the event of the loss or destruction of a license
certificate or a certified copy of the license certificate, the
licensee shall immediately make application for a certified copy of
the license certificate. A fee of one dollar shall be required for
a certified copy.

WVC 17 A- 6 D- 11
§17A-6D-11. Changes in business; action required.
Every daily passenger rental car business shall notify the
commissioner within sixty days from the date on which any of the
following changes in the business occur:

(1) A change of the location of any place of business;

(2) A change of the name or trade name under which the
licensee engages or will engage in the business;

(3) The death of the licensee or any partner or partners of
the licensee;

(4) A change in any partners, officers or directors;

(5) A change in ownership of the business;

(6) A change in the type of legal entity by and through which
the licensee engages or will engage in the business; or

(7) The appointment of any trustee in bankruptcy, trustee
under an assignment for the benefit of creditors, master or
receiver.

When any change specified in subdivision (1), (2), (3), (4),
(5) or (6) occurs, an application for a new license certificate
shall immediately be filed with the commissioner: Provided, That
when a change is made involving subdivision (3) of this section, an
application for a new license certificate need not be filed during
the balance of the license year if a member of the family of the
deceased person succeeds to the interest in the business. Upon
receipt and review of the application, a new license certificate
shall be issued incorporating the changes. No additional fee for the balance of the license year is required for the issuance of any
new license certificate issued as a result of any change specified
in this section.

No new license certificate is required for any trustee in
bankruptcy, trustee under an assignment for the benefit of
creditors, receiver or master, appointed pursuant to law, who shall
take charge of or operate such business for the purpose of winding
up the affairs of the business or protecting the interests of the
creditors of the business.

WVC 17 A- 6 D- 12
§17A-6D-12. Investigation; grounds for suspending or revoking a
license certificate; notice of refusal, suspension
or revocation of license certificate; relinquishing
license certificate.
The commissioner may conduct an investigation to determine
whether any provisions of this chapter have been violated by a
licensee. Any investigation shall be kept in strictest confidence
by the commissioner, the division, the licensee, any complainant
and all other persons, unless and until the commissioner suspends
or revokes the license certificate of the license involved.

(a) The commissioner may suspend or revoke a license
certificate if the commissioner finds that the licensee:

(1) Has failed or refused to comply with the laws of this
state relating to the registration and titling of vehicles and the
giving of notices of transfers;

(2) Has failed or refused to comply with the provisions and
requirements of this article and the promulgated rules authorized
in section nine, article two of this chapter which were implemented
by the commissioner, in accordance with the provisions of article
three, chapter twenty-nine-a of this code, to enforce the
provisions of this article; or

(b) The commissioner shall suspend or revoke a license
certificate if the commissioner finds that the licensee:

(1) Has knowingly made a false statement of a material fact in
his or her application for the license certificate then issued and outstanding;

(2) Has habitually defaulted on financial obligations;

(3) Has been guilty of any fraudulent act in connection with
the license service business;

(4) Has defrauded or is attempting to defraud the state or any
political subdivision of the state of any taxes or fees in
connection with the sale or transfer of any vehicle;

(5) Has committed fraud in the registration of a vehicle;

(6) Has knowingly purchased, sold or otherwise dealt in a
stolen vehicle or vehicles;

(7) Has advertised by any means, with intent to defraud, any
material representation or statement of fact which is untrue,
misleading or deceptive in any particular, relating to the conduct
of the licensed business;

(8) Has a license certificate to which he is not lawfully
entitled; or

(9) The existence of any other ground upon which the license
certificate could have been refused, or any ground upon which would
be cause for refusing a license certificate to the licensee were he
then applying for the same.

(c) Whenever a licensee fails or refuses to keep the bond
required by section two of this article in full force and effect,
the license certificate of the licensee shall automatically be
suspended unless and until the required bond is furnished to the
commissioner, in which event the suspension shall be vacated.

(d) Whenever the commissioner refuses to issue a license
certificate, or revokes a license certificate, he or she shall make
and enter an order to that effect and shall cause a copy of the
order to be served in person or by certified mail, return receipt
requested, on the applicant or licensee.

(e) Suspensions under this section shall continue until the
cause of the suspension has been eliminated or corrected. Whenever
a license certificate is suspended or revoked, the commissioner
shall, in the order of suspension or revocation, direct the
licensee to return to the division his or her license certificate
and any other documents specified. It is the duty of the licensee
to comply with the order. Whenever a licensee fails or refuses to
comply with any order of the commissioner, the commissioner shall
proceed as provided in section seven, article nine of this chapter.

(f) Any applicant whose request for a license certificate is
refused and any licensee whose license is suspended or revoked may
appeal that action in accordance with procedures established by the
commissioner. The revocation or suspension of a license
certificate does not preclude a person from submitting an
application for a new license certificate, to be processed in the
same manner. The license certificate shall be issued or refused on
the same grounds as any other application for a license
certificate, except that any previous suspension and revocation may
be considered in deciding whether to issue or refuse the license
certificate.

WVC 17 A- 6 D- 13
§17A-6D-13. Inspections; violations and penalties.
(a) The commissioner and his agents, acting at the
commissioner's request, are hereby authorized to inspect the place
of business and pertinent records, documents and papers of any
person required to be licensed under the provisions of this article
to the extent deemed reasonably necessary to determine compliance
with and violations of this article. For the purpose of making an
inspection, the commissioner and his agents are authorized, at
reasonable times, to enter in and upon the place of business
suspected of being in violation of this article.

(b) Any person who violates any provision of this article or
any final order of the commissioner or board issued pursuant to
this article, shall be guilty of a misdemeanor and the provisions
of article eleven of this chapter governing violations of this
chapter shall be fully applicable to the violation.

WVC 17 A- 6 D- 14
§17A-6D-14. Injunctive relief.
(a) Whenever it appears to the commissioner that any person or
licensee has violated any provision of this article or any final
order of the commissioner, the commissioner may petition, in the
name of the state, the circuit court of the county in which the
violation or violations occurred, for an injunction against the
person or licensee. A violation or violations resulting in
prosecution or conviction under the provisions of article eleven of
this chapter shall not prohibit injunctive relief.

The circuit court may, by mandatory or prohibitory injunction,
compel compliance with the provisions of this article and all final
orders of the commissioner. The court may also issue temporary
injunctions.

(b) The judgment by the circuit court shall be final unless
reversed, vacated or modified on appeal to the supreme court of
appeals. Any such appeal shall be sought in the manner and within
the time provided by law for appeals from circuit courts in other
civil cases.

WVC 17 A- 6 D- 15
§17A-6D-15. Promulgation of rules.
The commissioner may promulgate rules in accordance with
article three, chapter twenty-nine-a of this code in order to
effect the provisions of this article.

(2) "Vehicle license cost recovery fee" means a charge on a
vehicle rental transaction originating within this state that may
be separately stated on the rental agreement to recover vehicle
license costs.

(b) Method for vehicle cost recovery. -

(1) If a daily passenger car rental company includes a vehicle
license cost recovery fee as a separately stated charge in a rental
transaction, the amount of the fee shall represent the company's
good-faith estimate of the daily passenger rental car daily charge
to recover its actual total annual vehicle license costs.

(2) If the total amount of the vehicle license cost recovery
fees collected by a daily passenger rental car company under this
section in any calendar year exceeds the company's actual vehicle
license costs, the daily passenger car rental company shall:

(A) Retain the excess amount; and

(B) Adjust the vehicle cost recovery fee for the following
calendar year by a corresponding amount.

(c) Nothing in this section prevents a daily passenger car rental company from including, or making adjustments during the
calendar year to, separately stated surcharges, fees or charges in
the rental agreement, which may include, but are not limited to,
vehicle license cost recovery fees, airport access fees, airport
concession fees, consolidated facility charges and all applicable
taxes.

WVC 17 A- 6 E-
ARTICLE 6E. MOTOR VEHICLE SALESPERSON LICENSE.

WVC 17 A- 6 E- 1
§17A-6E-1. Findings and purpose.
(a) It is the purpose of this article to protect retail motor
vehicle customers, motor vehicle dealers, banks and the state from
sustaining losses due to the fraudulent activity of persons engaged
in the business of selling vehicles.

(b) This article establishes minimum competency and ethical
standards for persons engaged in the business of selling motor
vehicles to the general public.

WVC 17 A- 6 E- 2
§17A-6E-2. Definitions.
The following words as used in this article, unless the
context otherwise requires, have the following meanings:

(1) "Applicant" means any person making application for an
original or renewal of a salesperson license;

(2) "Dealer" means any motor vehicle or auction business
regulated under the provisions of article six or six-c of this
chapter;

(3) "Licensee" means any person holding a license issued under
the provisions of this article;

(4) "Motor vehicle salesperson" or "salesperson" means any
person employed by a dealer to sell, buy, display and offer for
sale or deal in motor vehicles, recreational vehicles or trailers,
as those terms are defined in section one of article one of this
chapter, for a commission or other valuable consideration, but does
not mean any public officer performing his or her official duties
or the dealer licensee. A person employed by a dealer as a finance
and insurance representative is for the purposes of this article a
salesperson. For the purposes of this article, the term "motor
vehicle salesperson" does not apply to persons employed by a dealer
in the business of selling commercial motor vehicles with a gross
vehicle weight of twenty-six thousand one pounds or more, employees
of financial institutions or to businesses licensed as auctions.

WVC 17 A- 6 E- 3
§17A-6E-3. License required.
(a) Except as provided in section six of this article, no
person may engage in business in this state as a motor vehicle
salesperson on and after the first day of January, two thousand
eight, without holding a license issued under the provisions of
this article.

(b) No class of vehicle dealer as defined in article six or
six-c of this chapter may employ an unlicensed motor vehicle
salesperson on or after the first day of January, two thousand
eight. No person may sell vehicles for more than one vehicle
dealer unless the commissioner grants a written waiver.

(c) Any person employed by licensed dealers as a salesperson
immediately preceding the effective date of this section is exempt
from the requirements of the background investigation and the
written test and payment of the fee for the background
investigation provided in section four of this article.

(1) Is employed by a licensed West Virginia dealer who
verifies the employment;

(2) Completes the application for a license on the form
prescribed by the division, fully completed, signed and attested to
by the applicant, including, but not limited to, the applicant's:

(A) Full name;

(B) Social security number;

(C) Residence and mailing address;

(D) Name of employing dealership;

(E) Statement as to whether the applicant has ever had any
previous application for a dealer or salesperson license refused in
this or any other state or jurisdiction;

(F) Statement as to whether the applicant has been previously
licensed as a salesperson in this state or any other state or
jurisdiction;

(G) Statement as to whether the applicant has ever had his or
her salesperson license or a dealer license suspended or revoked in
this state or any other state or jurisdiction;

(H) Statement as to whether the applicant has ever held a
dealer license which has been suspended or revoked or has been
employed by a dealer which has had its license suspended or
revoked;

(I) Statement as to whether the applicant has ever been
convicted of a felony or whether the applicant individually or as
an owner, partner, officer or director of a business entity has
been convicted of, or pleaded guilty or nolo contendere to a
criminal action, and if so, a written explanation of the
conviction;

(J) Statement as to whether or not the applicant owes a child
support obligation, owes a child support obligation that is more
than six months in arrears, is the subject of a child support
related warrant, subpoena or court order; and

(K) Statement that the applicant has not been found to have
done any of the acts which would justify suspension or revocation
of a salesperson's license under section nine of this article;

(3) Submits verification of employment by the employing
dealer;

(4) Furnishes a full set of fingerprints to facilitate a
background check and other investigation considered necessary by
the commissioner;

(5) Pays an initial nonrefundable application fee of seven
dollars for each year the license is valid. Payment of the fee
entitles the applicant to one attempt at a written test prescribed
by the division. Successful completion of at least seventy percent
of the written test is a passing score;

(7) Is not the subject of a background investigation which
reveals criminal convictions or other circumstances for which the
commissioner may deny licensure under the provisions of this
article.

(b) The division may, upon successful completion of all the
requirements contained in subsection (a) of this section, with the
exception of the background investigation, issue the applicant a
temporary motor vehicle salesperson license. The temporary license
is valid for a maximum of ninety days pending issuance of the
permanent license endorsement or receipt of an unfavorable
background investigation, whichever occurs first.

(c) The division shall refuse to issue the license if the
applicant:

(1) Does not provide the necessary documents as determined by
the division to establish his or her identity or legal presence in
this country;

(2) Has made any false statements of material fact in the
application;

(3) Has had his or her privilege to sell vehicles denied,
suspended or revoked by this state or any other state or
jurisdiction: Provided, That upon the applicant's appeal, the
commissioner may grant an exemption of this restriction if the
applicant can show that he or she is eligible for reinstatement in
his or her previous jurisdiction of licensure;

(4) Has committed a fraudulent act or omission or repeatedly defaulted in financial obligations in connection with the buying,
selling, leasing, rental or otherwise dealing in motor vehicles,
recreational vehicles or trailers;

(5) Has been convicted of a felony: Provided, That upon the
applicant's appeal the commissioner may grant an exemption to this
restriction if the felony did not involve financial matters or the
motor vehicle industry;

(6) Is not employed as a salesperson for a motor vehicle
dealer licensed in accordance with article six or six-c of this
chapter;

(7) Is acting as a salesperson for more than one motor vehicle
dealer at the same time without a waiver issued by the
commissioner; or

(8) Has a background investigation which reveals criminal
convictions or other circumstances for which the commissioner may
deny licensure under the provisions of this article.

(d) Willful misrepresentation of any fact in any application
or any document in support of the application is a violation of
this article.

WVC 17 A- 6 E- 5
§17A-6E-5. Expiration of license, renewal and expired license.
(a) An initial license issued under the provisions of this
article shall be valid for no less than three years nor more than
seven years as determined by the division to establish set license
expiration date on the applicant's birthday in a year in which the
applicant's age is evenly divisible by five.

(b) A licensee may renew a license in the manner prescribed by
the division upon completion of the application for renewal,
verification by the employing dealer and payment of a renewal fee
of ten dollars. The license shall be valid for a period of five
years.

(1) Any licensee who fails to renew his or her license before
the date of expiration shall pay an additional fee of five dollars.

(2) Any licensee who fails to renew his or her license within
six months of expiration is not eligible for renewal and is
required to complete the application process required of all new
applicants, including the payment of all initial fees, completion
of the written test and background investigation as if he or she
never held a license.

WVC 17 A- 6 E- 6
§17A-6E-6. Change of employer.
(a) Within ten days of the termination of employment of a
licensed salesperson, the dealer shall notify the division of the
termination in the manner prescribed by the division. The license
of the salesperson becomes inactive upon termination of employment
by a licensed dealer, and the salesperson may not engage in the
activities of a salesperson as described in section two of this
article unless and until he or she becomes relicensed as a
salesperson for the same dealer or another dealer.

(b) Within ten days of hiring a licensed salesperson, the
dealer shall notify the division in the manner prescribed by the
division. The dealer shall complete an application for transfer of
a salesperson license, and shall verify the salesperson's
employment in a manner prescribed by the division.

(c) The salesperson shall submit the completed transfer
application, a fee of five dollars and obtain a new salesperson
license in the name of the new employer before engaging in the
activities of a salesperson as described in section two of this
article. No transfer application or fee is required if the
salesperson is reemployed by the previous employer within six
months of cessation of employment.

WVC 17 A- 6 E- 7
§17A-6E-7. Change of address, lost or stolen license, duplicate
license.
A licensee shall notify the division in the manner prescribed
by the division of a change of address of the licensee or the loss
of a license, and obtain a new license within twenty days of loss.
The division shall charge a fee of five dollars for issuing any
duplicate license.

WVC 17 A- 6 E- 8
§17A-6E-8. Display of license.
(a) Every licensee must have his or her license in his or her
possession at all times when engaged in the business of selling
vehicles, and shall display the license upon demand of any
customer, law-enforcement official or division employee.

(b) Every dealer shall conspicuously display a list of all
employees currently licensed as salespersons.

WVC 17 A- 6 E- 9
§17A-6E-9. Revocation, suspension or refusal to renew license.
(a) The commissioner may revoke or suspend the license of any
licensee if he or she determines that the licensee has:

(1) Violated any motor vehicle dealer law, any dealer rule or
order of the division;

(2) Improperly withheld, misappropriated or converted to his
or her own use any money received from customers;

(4) Engaged in any pattern of unfair competition or unfair or
deceptive acts or practices in the business of buying, selling,
renting or leasing vehicles;

(5) Forged another person's name to any application or form
required for the titling, leasing, rental, registration, financing
or insuring of a vehicle;

(6) Knowingly and willfully made or permitted a false or
fraudulent application or form required for the titling, leasing,
rental, registration, financing or insuring of a vehicle;

(7) Been convicted of or pleaded nolo contendere to any
felony: Provided, That upon the applicant's appeal the
commissioner may grant an exemption to this subdivision if the
felony did not involve financial matters or the motor vehicle
industry;

(8) Been convicted of or pleaded nolo contendere to a misdemeanor in connection with his or her activities in the
business of selling, renting or leasing vehicles;

(9) Been refused a dealer or salesperson license or had a
dealer or salesperson license suspended, revoked, restricted or
otherwise canceled in another state or jurisdiction: Provided,
That upon the applicant's appeal, the commissioner may grant an
exemption of this restriction if the applicant can show that he or
she is eligible for reinstatement in his or her previous
jurisdiction of licensure; or

(10) Obtained the license through misrepresentation, fraud or
any other act for which the issuance of the license could have been
refused had it been known to the commissioner at the time of
issuance.

(b) For the purposes of this section:

(1) "Suspension" means the privilege to sell vehicles is
temporarily withdrawn for a fixed period and is reinstatable
without retesting; and

(c) A licensee whose license is revoked may reapply for an
original license with an explanation as to why the commissioner
should consider the applicant for relicensing.

WVC 17 A- 6 E- 10
§17A-6E-10. Administrative due process.
(a) Any person may appeal an order of the commissioner
suspending, revoking, denying or otherwise canceling his or her
salesperson license in accordance with the prescribed procedures of
the division.

(b) The commissioner may but is not required to stay the
suspension or revocation of a salesperson license during the
appeals process.

(c) Any final order entered pursuant to this article is
subject to judicial review as provided in article five, chapter
twenty-nine-a of this code.

WVC 17 A- 6 E- 11
§17A-6E-11. Investigation, matters confidential.
(a) The commissioner may conduct any investigation necessary
to determine whether any provision of this chapter has been
violated or is about to be violated by a licensee or applicant.

(b) The commissioner and the division shall keep any
investigation confidential unless and until the commissioner
suspends, revokes or otherwise denies a license: Provided, That
the commissioner may advise the Motor Vehicle Dealers Advisory
Board of information that may enable it to perform its advisory
functions.

WVC 17 A- 6 E- 12
§17A-6E-12. Injunctive relief.
(a) Whenever it appears to the commissioner that any person or
licensee has violated any provision of this article or any final
order of the commissioner, the commissioner may petition, in the
name of the state, in the Circuit Court of Kanawha County or in the
circuit court of the county in which the violation occurred, for an
injunction against the person or licensee. Injunctive relief may
be awarded in addition to any penalty imposed pursuant to the
provisions of article eleven of this chapter or any other remedy
allowed by law.

(b) The circuit court may, by mandatory or prohibitory
injunction, compel compliance with the provisions of this article
and all final orders of the commissioner. The court may also issue
temporary injunctions.

(c) The judgment by the circuit court is final unless
reversed, vacated or modified on appeal to the Supreme Court of
Appeals of West Virginia. An appeal shall be sought in the manner
and within the time provided by law for appeals from circuit courts
in other civil cases.

WVC 17 A- 6 E- 13
§17A-6E-13. Authority for rules.
The commissioner may propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code, in order to effectuate the provisions
of this article.

WVC 17 A- 6 E- 14
§17A-6E-14. Motor Vehicle Salesperson License Fund.
All moneys collected pursuant to this article shall be
deposited in a special revenue account in the State Treasury to be
known as the "Motor Vehicle Salesperson License Fund."
Expenditures from the fund shall be for the administration of
licensure of motor vehicle salespersons and are not authorized from
collections but are to be made only in accordance with
appropriation by the Legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon
fulfillment of the provisions of article two, chapter eleven-b of
this code: Provided, That for the fiscal year ending the thirtieth
day of June, two thousand seven, expenditures are authorized from
collections rather than pursuant to appropriation by the
Legislature.

WVC 17 A- 7 -
ARTICLE 7. SPECIAL STICKERS.

WVC 17 A- 7 - 1
§17A-7-1. Operation of vehicles by financial institution or
wrecker under special stickers; application and
fees; expiration.
The commissioner may upon application issue to a banking
institution, insurance company, entity in the business of
repossessing motor vehicles, finance company, or other type of
lending or financial institution, or a person engaged exclusively
in wrecking or dismantling vehicles, a paper sticker or decal to be
affixed to the left side of the rear window of a motor vehicle or
at a place on any other type vehicle as designated by the
commissioner. The sticker or decal shall be of a size to be
designated by the commissioner and shall be serially numbered and
shall have provision thereon to indicate the date of issuance. The
division shall charge a fee of one dollar per sticker. The sticker
or decal shall be valid for the operation of a vehicle, whether
under its own power or while being towed, one time only over the
streets or highways of this state, and upon being once affixed to
a vehicle shall become invalid for subsequent use on that or any
other vehicle. The commissioner may require, as a condition for
the issuance of the permit, insurance as he or she determines
appropriate.

WVC 17 A- 7 - 2
§17A-7-2. Operation of motor vehicles by dealers or other persons
under special stickers; application and fees;
expiration.
(a) A member of the West Virginia State Police may at any
detachment office, upon application therefor on a form prescribed
by the commissioner, issue to a licensed dealer or any other person
other than those specified in section one of this article, a paper
sticker or decal to be affixed to the left side of the rear window
of a motor vehicle or to the left rear of a vehicle which is not
self-propelled. Such sticker or decal shall be of a size to be
designated by the commissioner and shall be serially numbered and
shall have provision thereon to indicate the date of issuance
thereof.

(b) A fee of five dollars per sticker shall be collected and
dispersed as follows; two dollars and fifty cents shall be
deposited in the State Road Fund and two dollars and fifty cents
shall be deposited in the special revenue account within the
Division of Highways for the maintenance of the West Virginia
Welcome Centers and rest areas along interstate highways in this
state.

(c) Such sticker or decal shall be valid for forty-eight hours
after its issuance for the operation of a vehicle, whether under
its own power or while being towed, one time only over the streets
or highways, and upon being once affixed to a vehicle shall become
invalid for subsequent use on that or any other vehicle.

WVC 17A-7-3
§17A-7-3. Operation of house trailer under special stickers;
application and fees; expiration; issuance of special stickers to holders of Class B registration plates.
Upon application therefor on a form prescribed by him or her
the commissioner may issue to the owner of a house trailer a
special one-movement sticker of such design and content, as may be
prescribed by him or her: Provided, That such special sticker
shall not be issued to any house trailer or trailer dealer. Such
sticker shall be valid for the movement of a house trailer one time
only over the streets and highways of this state, and no more than
one such sticker may be issued for the same house trailer while
owned by the same person. A fee of two dollars shall be received
by the department for each special sticker. In order that any
holder of a Class B registration plate who is engaged in the
business of moving house trailers for hire may move a house trailer
at the request of the owner thereof without the delay which would
be incident to such owner obtaining a special one-movement sticker,
any such holder may from time to time apply to the commissioner
for a supply of said special one-movement stickers, and upon
proper application therefor on a form prescribed by the
commissioner and payment of the fee for each such sticker
hereinbefore in this section prescribed, the commissioner shall
issue to such holder a supply of serially numbered stickers, not in
excess of twenty-five upon any one application. Before moving any
such house trailer, the holder of the Class B registration plate who has obtained a supply of such special one-movement stickers
shall issue such a sticker to the owner thereof and shall make
certain that such sticker is affixed to the house trailer prior to
the movement thereof. No refund or credit of fees paid by the
holder of any such Class B registration plate for any such special
one-movement sticker shall be made or allowed.

WVC 17 A- 8 -
ARTICLE 8. SPECIAL ANTITHEFT LAWS.

WVC 17 A- 8 - 1
§17A-8-1. Report by police of stolen and recovered vehicles or
special mobile equipment.
Every sheriff, chief of police, member of the department of
public safety or peace officer upon receiving reliable
information that any vehicle registered hereunder or any item of
special mobile equipment has been stolen shall immediately report
such theft to the department unless prior thereto information has
been received of the recovery of such vehicle or item of special
mobile equipment. Upon receiving a report of a stolen or
embezzled item of special mobile equipment, or the recovery
thereof, the department shall immediately report the information
to the national crime information center maintained by the
federal bureau of investigation. Any said officer upon
receiving information that any such vehicle or item of special
mobile equipment, which he has previously reported as stolen, has
been recovered, shall immediately report the fact of such
recovery to the local sheriff's office, police department, or
department of public safety and to the department.

WVC 17 A- 8 - 2
§17A-8-2. Reports by owners or lienors of stolen and recovered
vehicles or special mobile equipment.
The owner, or person having a lien or encumbrance upon a
registered vehicle or any item of special mobile equipment which
has been stolen or embezzled, may notify the department of such
theft or embezzlement, but in the event of an embezzlement may
make such report only after having procured the issuance of a
warrant for the arrest of the person charged with such
embezzlement.

Every owner or other person who has given any such notice
must notify the department of a recovery of such vehicle or
special mobile equipment.

WVC 17 A- 8 - 3
§17A-8-3. Action by department on report of stolen or embezzled
vehicle or special mobile equipment.
The department upon receiving a report of a stolen or
embezzled vehicle or any item of special mobile equipment as
hereinbefore provided shall file and appropriately index the same
and shall, if the same is registered or titled, immediately
suspend such registration and/or certificate of title of the
vehicle or item of special mobile equipment so reported, and
shall not transfer the registration of the same until such time
as it is notified in writing that such vehicle or item of special
mobile equipment has been recovered.

The department shall at least once each week compile and
maintain at its headquarters office a list of all vehicles or
items of special mobile equipment which have been stolen or
embezzled or recovered as reported to it during the preceding
week and such list shall be open to inspection by any peace
officer or other person interested in any such vehicle or item of
special mobile equipment. A copy of each such weekly list shall
be forwarded to the superintendent of the department of public
safety.

The department shall publish once a month a list of all
vehicles or items of special mobile equipment stolen, embezzled
or recovered during the previous month and shall forward a copy
of the same to every sheriff and to all police departments in
cities of this state with over five thousand inhabitants. Such
list shall also be forwarded to the state police department or
other proper official in each state of the United States.

WVC 17 A- 8 - 4
§17A-8-4. Unlawful taking of vehicle.
(a) Any person who drives a vehicle, not his or her own,
without consent of the owner thereof, and with intent temporarily
to deprive said owner of his or her possession of such vehicle,
without intent to steal the same, is guilty of a misdemeanor. The
consent of the owner of a vehicle to its taking or driving shall
not in any case be presumed or implied because of such owner's
consent on a previous occasion to the taking or driving of such
vehicle by the same or a different person. Any person who assists
in, or is a party or accessory to or an accomplice in any such
unauthorized taking or driving, is guilty of a misdemeanor.

(b) Any person violating the provisions of this section is,
for the first offense, guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than five hundred dollars, or
confined in the county or regional jail not more than six months,
or both; for the second offense, is guilty of a felony and, upon
conviction thereof, shall be fined not more than three thousand
dollars
, or imprisoned in a state correctional facility for not
less than one nor more than three years, or imprisoned in a
regional jail for not more than one year, or both fined and
imprisoned; for third or subsequent offenses, is guilty of a
felony
and, upon conviction thereof, shall be fined not more than five
thousand dollars, or imprisoned in a state correctional facility
for not less than one nor more than three years or both.

WVC 17 A- 8 - 5
§17A-8-5. Receiving or transferring stolen vehicle.
Any person who, with intent to procure or pass title to a
vehicle which he knows or has reason to believe has been stolen
or unlawfully taken, receives, or transfers possession of the
same from or to another, or who has in his possession any vehicle
which he knows or has reason to believe has been stolen or
unlawfully taken, and who is not an officer of the law engaged at
the time in the performance of his duty as such officer, is
guilty of a felony.

(a) Any person who either individually or in association with
one or more persons willfully injures or tampers with any vehicle
or breaks or removes any part or parts of or from a vehicle without
the consent of the owner is guilty of a misdemeanor.

Any person who with intent to commit any malicious mischief,
injury, or other crime climbs into or upon a vehicle whether it is
in motion or at rest or with like intent attempts to manipulate any
of the levers, starting mechanism, brakes, or other mechanism or
device of a vehicle while the same is at rest and unattended or
with like intent sets in motion any vehicle while the same is at
rest and unattended is guilty of a misdemeanor.

(b) Any person, either individually or in association with one
or more persons, who shall willfully injure or damage any item of
special mobile equipment or break or remove any parts from an item
of special mobile equipment, without the consent of the owner,
which injury, damage, or breakage or removal of parts shall be of
an amount of one thousand dollars or more, is guilty of a felony.
If the injury, damage, or breakage or removal of parts shall be of
an amount which is less than one thousand dollars, such person is
guilty of a misdemeanor.

WVC 17 A- 8 - 7
§17A-8-7. Motor vehicle or special mobile equipment without
manufacturer's serial number, motor or engine number
or other distinguishing number or identification mark;
offenses.

(a) A person who knowingly buys, receives, disposes of, sells,
offers for sale, conceals, transports, causes to be transported, or
possesses a motor vehicle, or a motor or engine removed from a
motor vehicle, from which the manufacturer's serial number, motor
or engine number or other distinguishing number or identification
mark has been removed, defaced, covered, altered or destroyed for
the purpose of concealing or misrepresenting the identity of the
motor vehicle or part thereof, is guilty of a felony.

(b) A person who knowingly buys, receives, disposes of, sells,
offers for sale, conceals, transports, causes to be transported, or
possesses special mobile equipment or special mobile equipment
tires from which the manufacturer's serial number, motor or engine
number or other distinguishing number or identification mark has
been removed, defaced, covered, altered or destroyed, is guilty of
a felony.

WVC 17 A- 8 - 8
§17A-8-8. Altering or changing a manufacturer's serial number,
motor or engine number or other distinguishing number
or identification mark; offenses.

(a) A person who, with fraudulent intent, removes, defaces,
covers, alters or destroys the manufacturer's serial number, motor
or engine number or other distinguishing number or identification
mark of a motor vehicle or who places or stamps an actual or
facsimile manufacturer's serial number, motor or engine number or
other distinguishing number or identification mark upon a motor
vehicle, except one assigned thereto by the department, is guilty
of a felony.

This section shall not prohibit the restoration by an owner of
an original manufacturer's serial number, motor or engine number or
other distinguishing number or identification mark when such
restoration is made under permit issued by the department, nor
prevent any manufacturer from placing numbers or marks upon motor
vehicles or parts thereof in the ordinary course of business.

(b) A person who removes, defaces, covers, alters or destroys,
or causes to be removed, defaced, covered, altered or destroyed,
the manufacturer's serial number, motor or engine number or other
distinguishing number or identification mark on special mobile
equipment or special mobile equipment tires, the property of
another, for any reason, is guilty of a felony.

(c) The term "manufacturer's serial number, motor or engine
number or other distinguishing number or identification mark", as
used in this section and section seven of this article, means a
unique number or mark placed on a vehicle or part thereof by the manufacturer so as to identify it particularly and distinguish the
vehicle or part from all other such vehicles or parts.

WVC 17 A- 8 - 9
§17A-8-9. Theft of a rental vehicle; penalty.

(a) A person is guilty of theft of a rental vehicle when:

(1) Such person, under the terms of a written rental or lease
agreement, obtains a motor vehicle and, in so doing, makes a false
or fraudulent representation or utilizes a false pretense or
personation, trick, artifice or device; and

(2) Such person thereafter possesses such motor vehicle with
the intent to permanently deprive the owner of such motor vehicle
of his property.

(b) Any person who violates the provisions of this section is
guilty of a felony, and, upon conviction thereof, shall be
imprisoned in the penitentiary not less than one nor more than two
years, or, in the discretion of the court, be confined in the
county jail not more than one year and shall be fined not more than
five hundred dollars.

(c) For purposes of this section, the making of a false or
fraudulent representation or the utilization of a false pretense or
personation, trick, artifice or device shall include, but not be
limited to, a false representation as to name, residence,
employment, or operator's license.

WVC 17 A- 8 - 10
§17A-8-10. Unlawful retention of rented or leased vehicle after
notice.
Any person who, after renting or leasing a motor vehicle
under an agreement in writing which provides for the return of
said vehicle to a particular place at a particular time, shall
fail to return the vehicle to said place within the time
specified, and is thereafter served with a written notice, or
upon whom oral demand is thereafter personally made, to return
said vehicle to the place specified in the written agreement
within seventy-two hours from the time of the service of notice
or personal communication of such demand, and who fails to return
said vehicle to the lessor within said period, shall be guilty of
a misdemeanor, and upon conviction, may be confined in jail for a
period of not more than one year or be fined not more than five
hundred dollars or both. The notice hereinabove provided for may
be served in the same manner that any other notice may now be
served under existing statutes.

WVC 17 A- 8 - 11
§17A-8-11. Unlawful acts relating to certificates of title, blank
certificates of title and blank registration forms;
penalty.
Any person who obtains unlawfully or who steals any
certificate of title, blank certificate of title or blank
registration form, or any person who knowingly buys, receives,
disposes of, sells, offers for sale, or has in his possession any
of the above which such person knows or has reason to know has
been obtained unlawfully or stolen shall be guilty of a felony,
and, upon conviction thereof, shall be confined in the
penitentiary not less than one year nor more than ten years.

WVC 17 A- 8 - 12
§17A-8-12. Recovery of special mobile equipment; chain of
custody; sale of unclaimed special mobile
equipment; penalties.
(a) When an item of special mobile equipment has been
lawfully seized and remains in the custody of the law-
enforcement authority having seized it, if at any time the true
owner thereof shall appear and prove to the satisfaction of such
law-enforcement authority his ownership of and entitlement to
such item of special mobile equipment, it may be returned to such
owner subject to its being made available for use in any criminal
prosecution under this article.

(b) The law-enforcement authority shall take reasonable
steps to locate the owner, including, but not limited to,
notifying local equipment dealer, notifying equipment
manufacturer and placing legal advertisements detailing
confiscated equipment in newspapers. The law-enforcement
authority shall take reasonable precautions to protect the
equipment. The owner of the special mobile equipment shall pay
the costs incurred by the law-enforcement authority for
advertising, transporting and storing such special mobile
equipment.

(c) If, after six months, no person has appeared and proved
he is the true owner of an item of special mobile equipment
seized under this article and prosecution has been instituted,
the court in which such prosecution has been instituted may sell
said item of special mobile equipment under such terms as are
commercially reasonable: Provided, That notice of sale shall be published as a Class I legal advertisement in compliance with the
provisions of article three, chapter fifty-nine of this code, and
the publication area shall be the county in which such
prosecution was initially instituted. The proceeds of such sale
shall be applied, first, to the payment of any expenses incurred
in taking possession, storing and selling such special mobile
equipment; and the balance, if any, shall be paid over to the
general receiver of the court in the county in which the
prosecution was instituted for its application to that county's
general revenues.

(d) Notwithstanding the provisions of article eleven of this
chapter, any person convicted of a felony under the provisions of
subsection (b), section six, subsection (b), section seven or
subsection (b), section eight of this article shall be confined
in the penitentiary not less than one nor more than ten years and
fined not more than five hundred dollars, or, in the discretion
of the court, be confined in the county jail for not more than
one year and be fined not more than five hundred dollars.

Notwithstanding the provisions of article eleven of this
chapter, any person convicted of a misdemeanor under the
provisions of subsection (b), section six of this article shall
be confined in the county jail for a term not to exceed one year
or fined not more than five hundred dollars, or both.

WVC 17 A- 8 - 13
§17A-8-13. Theft of a motor vehicle offered for sale which had
been obtained for temporary use for demonstration
purposes; penalty.

(a) A person is guilty of theft of a motor vehicle when:

(1) Such person, under the terms of an oral agreement,
obtains, for demonstration purposes, the temporary use of a motor
vehicle offered for sale and, in so doing, makes a false or
fraudulent representation or utilizes a false pretense or
personation, trick, artifice or device; and

(2) Such person thereafter possesses such motor vehicle with
the intent to permanently deprive the owner of such motor vehicle
of his property.

(b) Any person who violates the provisions of this section is
guilty of a felony, and, upon conviction thereof, shall be
imprisoned in the penitentiary not less than one nor more than ten
years, or, in the discretion of the court, be confined in the
county jail not more than one year and shall be fined not more than
five hundred dollars.

(c) For purposes of this section, the making of a false or
fraudulent representation or the utilization of a false pretense or
personation, trick, artifice or device shall include, but not be
limited to, a false representation as to name, residence,
employment, or operator's license.

WVC 17 A- 9 - 1
§17A-9-1. Fraudulent applications.
Any person who fraudulently uses a false or fictitious name
in any application for the registration of a vehicle or a
certificate of title, or knowingly makes a false statement, or
knowingly conceals a material fact, or otherwise commits a fraud
in any such application shall be guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine of not more than
one thousand dollars or by imprisonment for not more than one
year or both.

WVC 17 A- 9 - 2
§17A-9-2. Operation of vehicles without evidences of registration;
use of temporary facsimile; penalty.
(a) No person shall operate, nor shall an owner knowingly
permit to be operated, upon any highway any vehicle required to be
registered under this article unless there shall be attached
thereto and displayed thereon or shall be in the possession of the
operator when and as required by this chapter a valid registration
card and registration plate or plates issued therefor by the
department for the current registration year, except as otherwise
expressly permitted in this chapter.

(b) In the event that the registration plate or plates
originally issued are lost, destroyed or stolen, a temporary
facsimile of the plate or plates, showing the number of the same,
may be attached to the vehicle by the owner for a period of not
more than fifteen days, or until a new plate or plates are issued
by the department, whichever is earlier: Provided, That no such
facsimile shall be used and no such vehicle shall be driven upon
the highways of this state, until the owner shall have notified in
writing the West Virginia state police of the loss of such
registration plate or plates.

(c) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than five hundred dollars; and upon a second or subsequent conviction thereof, shall be fined not more than five
hundred dollars, or confined in the county or regional jail not
more than six months, or both.

WVC 17 A- 9 - 3
§17A-9-3. Improper use of evidences of registration.
No person shall lend to another any certificate of title,
registration card, registration plate, special plate, or permit
issued to him if the person desiring to borrow the same would not
be entitled to the use thereof, nor shall any person knowingly
permit the use of any of the same by one not entitled thereto,
nor shall any person display upon a vehicle any registration
card, registration plates, or permit not issued for such vehicle
or not otherwise lawfully used thereon under this chapter. Any
violation of this section is a misdemeanor.

WVC 17 A- 9 - 4
§17A-9-4. False evidences, forgery, etc., of title and
registration.
It is a felony for any person to commit any of the following
acts:

(1) To alter with fraudulent intent any certificate of
title, registration card, registration plate, or permit issued by
the department;

(2) To forge or counterfeit any such document or plate
purporting to have been issued by the department;

(3) To alter or falsify with fraudulent intent or forge any
assignment upon a certificate of title;

(4) To hold or use any such document or plate knowing the
same to have been so altered, forged, or falsified.

WVC 17 A- 9 - 5
§17A-9-5. Authority of division to suspend or revoke registration,
certificate, etc.
The division is hereby authorized to suspend or revoke the
registration of a vehicle or a certificate of title, registration
card or registration plate or any nonresident or other permit in
any of the following events:

(1) When the division is satisfied that such registration or
that such certificate, card, plate or permit was fraudulently or
erroneously issued;

(2) When the division determines that a registered vehicle is
mechanically unfit or unsafe to be operated or moved upon the
highways;

(3) When a registered vehicle has been dismantled or wrecked;

(4) When a registration card, registration plate or permit is
knowingly displayed upon a vehicle other than the one for which
issued;

(5) When the division determines that the owner has committed
any offense under this article involving the registration or the
certificate, card, plate or permit to be suspended or revoked;

(6) When the vehicle is operated by a commercial motor carrier
whose authority to operate in interstate commerce has been denied
or suspended by the federal Motor Carrier Safety Administration; or

(7) When the division is so authorized under any other
provision of law.

Whenever in this code or elsewhere in law reference is made to
this section, such reference shall henceforth be read, construed
and understood to mean section eighteen, article six of this
chapter.

WVC 17 A- 9 - 7
§17A-9-7. Surrender of evidence of registration, etc., upon
cancellation, suspension or revocation; willful
failure or refusal to surrender; fee for
reinstatement.
(a) Whenever the registration of a vehicle, a certificate of
title, a registration card, registration plate or plates, a
temporary registration plate or marker, the right to issue
temporary registration plates or markers, any nonresident or other
permit or any license certificate or dealer special plates issued
under the provisions of article six of this chapter is canceled,
suspended or revoked as authorized in this chapter, the owner,
holder or other person in possession of the evidences of the
registration, title, permit or license or any special dealer plates
shall, except as otherwise provided in article six of this chapter,
immediately return the evidences of the registration, title, permit
or license that was canceled, suspended or revoked, together with
any dealer special plates relating to any license certificate, or
any dealer special plate or plates if only the dealer special plate
is suspended, to the division: Provided, That the owner or holder
shall, before reinstatement, pay a fee of ten dollars in addition
to all other fees, which shall be collected by the division and
credited to a special revolving fund in the State Treasury to be
appropriated to the division for use in enforcement of the
provisions of this code: Provided, however, That on and after the
first day of July, two thousand seven, any balance in the special revolving fund and all fees collected pursuant to this section
shall be deposited in the Motor Vehicle Fees Fund created in
section twenty-one, article two of this chapter.

(b) If any person willfully fails or refuses to return to the
division the evidences of the registration, title, permit or
license that have been canceled, suspended or revoked, or any
dealer special plates, when obligated so to do as provided in this
section, the commissioner shall immediately notify the
Superintendent of the State Police who shall, as soon as possible,
secure possession of the evidence of registration, title, permit or
license or any special dealer plates and return it to the division.
The Superintendent of the State Police shall make a report in
writing to the commissioner, within two weeks after being notified
by the commissioner, as to the result of his or her efforts to
secure the possession and return of the evidences of registration,
title, permit or license, or any dealer special plates.

(c) If any commercial motor carrier willfully fails or refuses
to return to the division the evidences of the registration that
have been suspended or revoked as provided in this section, the
commissioner shall immediately notify the Public Service Commission
which shall, as soon as possible, secure possession of the evidence
of registration and return it to the division. The Public Service
Commission shall make a report in writing to the commissioner,
within two weeks after being notified by the commissioner, as to
the result of its efforts to secure the possession and return of the evidences of registration.

(d) For each registration, certificate of title, registration
card, registration plate or plates, temporary registration plate or
marker, permit, license certificate or dealer special plate, which
the owner, holder or other person in possession of the
registration, title, permit or license or any special dealer plates
shall have willfully failed or refused, as provided in this
section, to return to the division within ten days from the time
that the cancellation, suspension or revocation becomes effective,
and which has been certified to the Superintendent of the State
Police as specified in this section, the owner or holder shall,
before the registration, title, permit or license or any special
dealer plates may be reinstated, if reinstatement is permitted, in
addition to all other fees and charges, pay a fee of fifteen
dollars, which shall be collected by the Division of Motor
Vehicles, paid into the State Treasury and credited to the General
Fund to be appropriated to the State Police for application in the
enforcement of the road laws.

A total of twenty-five dollars may be collected on each
reinstatement for each vehicle to which any cancellation,
suspension or revocation relates.

(e) When any motor vehicle registration is suspended for
failure to maintain motor vehicle liability insurance the
reinstatement fee is one hundred dollars, and if the vehicle owner
fails to surrender the vehicle registration and the orders go to the State Police, an additional fee of fifty dollars shall be
required before the motor vehicle registration may be reinstated.
A total of one hundred fifty dollars may be collected on each
reinstatement of any motor vehicle registration canceled, suspended
or revoked for failure to maintain motor vehicle liability
insurance.

Vehicles subject to registration under the provisions of this
chapter shall be placed in the following classes for the purpose of
registration:

Class A. Motor vehicles of passenger type and trucks with a
gross weight of ten thousand pounds or less;

Class B. Motor vehicles designated as trucks with a gross
weight of more than ten thousand pounds, truck tractors or road
tractors;

Class C. All trailers and semitrailers, except house trailers
and trailers or semitrailers designed to be drawn by Class A motor
vehicles and having a gross weight of less than two thousand
pounds;

Class G. Motorcycles and parking enforcement vehicles;

Class H. Motor vehicles operated regularly for the
transportation of persons for compensation under a certificate of
convenience and necessity or contract carrier permit issued by the
Public Service Commission;

Class J. Motor vehicles operated for transportation of
persons for compensation by common carriers, not running over a
regular route or between fixed termini;

Class M. Mobile equipment as defined in subdivision (oo),
section one, article one of this chapter;

Class R. House trailers;

Class T. Trailers or semitrailers of a type designed to be
drawn by Class A vehicles and having a gross weight of less than
two thousand pounds; and

Class X. Motor vehicles designated as trucks having a minimum
gross weight of more than eight thousand pounds and a maximum gross
weight of eighty thousand pounds, used exclusively in the conduct
of a farming business, engaged in the production of agricultural
products by means of: (a) The planting, cultivation and harvesting
of agricultural, horticultural, vegetable or other products of the
soil; or (b) the raising, feeding and care of livestock, poultry,
bees and dairy cattle. A farm truck may be used only for the
transportation of agricultural products produced by the owner of
the truck, for the transportation of agricultural supplies used in
the production or for private passenger use.

WVC 17A-10-2
§17A-10-2. Registration fees of motor vehicles used for
transportation of property and persons determined
by declared gross weight.
The declared gross weight as stated in the application for
registration shall be the basis for determination of fees to be
paid for operation of trucks used separately and not in combination
with other vehicles in transportation of property.

The basis for determination of fees to be paid for operation
of trucks, truck tractors, and road tractors used in combination
with other vehicles for the transportation of property shall be the
combined declared gross weight of the truck, truck tractor, or road
tractor and the vehicle to be drawn by such truck, truck tractor or
road tractor; the declared gross weight of the entire combination
of truck, truck tractor, or road tractor and the trailer or
semitrailer to be drawn by such motive vehicle to be considered as
one unit for purpose of determining the fees to be paid for such
truck, truck tractor, or road tractor.

The basis for determination of fees to be paid for operation
of Class H vehicles shall be the manufacturer's declared weight
plus one hundred and fifty pounds for each seat.

The following registration fees for the classes indicated
shall be paid to the division for the registration of vehicles
subject to registration under this chapter when equipped with
pneumatic tires:

(a) Registration fees for the following classes shall be paid
to the division annually:

(1) Class A. -- The registration fee for motor vehicles of
this class is $28.50: Provided, That the registration fees and any
other fees required by this chapter for Class A vehicles under the
optional biennial staggered registration system shall be multiplied
by two and paid biennially to the division.

No license fee may be charged for vehicles owned by churches,
or by trustees for churches, which are regularly used for
transporting parishioners to and from church services.
Notwithstanding the exemption, the certificate of registration and
license plates shall be obtained the same as other cards and plates
under this article.

(2) Class B. -- The registration fee for all motor vehicles
of this class is as follows:

(A) For declared gross weights of ten thousand one pounds to
sixteen thousand pounds -- $28 plus $5 for each one thousand pounds
or fraction of one thousand pounds that the gross weight of the
vehicle or combination of vehicles exceeds ten thousand pounds.

(B) For declared gross weights greater than sixteen thousand pounds, but less than fifty-five thousand pounds -- $78.50 plus $10
for each one thousand or fraction of one thousand pounds that the
gross weight of the vehicle or combination of vehicles exceeds
sixteen thousand pounds.

(C) For declared gross weights of fifty-five thousand pounds
or more -- $737.50 plus $15.75 for each one thousand pounds or
fraction of one thousand pounds that the gross weight of the
vehicle or combination of vehicles exceeds fifty-five thousand
pounds.

(3) Class G. -- The registration fee for each motorcycle or
parking enforcement vehicle is $8: Provided, That the registration
fee and any other fees required by this chapter for Class G
vehicles shall be for at least one year and under an optional
biennial registration system the annual fee shall be multiplied by
two and paid biennially to the division.

(4) Class H. -- The registration fee for all vehicles for
this class operating entirely within the state is $5; and for
vehicles engaged in interstate transportation of persons, the
registration fee is the amount of the fees provided by this section
for Class B, reduced by the amount that the mileage of the vehicles
operated in states other than West Virginia bears to the total
mileage operated by the vehicles in all states under a formula to
be established by the Division of Motor Vehicles.

(5) Class J. -- The registration fee for all motor vehicles
of this class is $85. Ambulances and hearses used exclusively as
ambulances and hearses are exempt from the special fees set forth
in this section.

(6) Class M. -- The registration fee for all vehicles of this
class is $17.50.

(7) Class X. -- The registration fee for all motor vehicles
of this class is as follows:

(G) For farm trucks of declared gross weights of fifty-four
thousand one pounds to eighty thousand pounds -- $250: Provided,
That the provisions of subsection (a), section eight, article one,
chapter seventeen-e of this code do not apply if the vehicle
exceeds sixty-four thousand pounds and is a truck tractor or road
tractor.

(b) Registration fees for the following classes shall be paid
to the division for a maximum period of three years, or portion of
a year based on the number of years remaining in the three-year
period designated by the commissioner:

(1) Class R. -- The annual registration fee for all vehicles of this class is $12.

(2) Class T. -- The annual registration fee for all vehicles
of this class is $8.

(c) The fees paid to the division for a multiyear registration
provided by this chapter shall be the same as the annual
registration fee established by this section and any other fee
required by this chapter multiplied by the number of years for
which the registration is issued.

(d) The registration fee for all Class C vehicles is $50. All
Class C trailers shall be registered for the duration of the
owner's interest in the trailer and do not expire until either sold
or otherwise permanently removed from the service of the owner:
Provided, That a registrant may transfer a Class C registration
plate from a trailer owned less than thirty days to another Class
C trailer titled in the name of the registrant upon payment of the
transfer fee prescribed in section ten of this article.

WVC 17 A- 10 - 3 A
§17A-10-3a. Special registration of antique motor vehicles and
motorcycles; definition, registration and use of
classic motor vehicles and classic motorcycles.
(a) The annual registration fee for any antique motor vehicle
or motorcycle as defined in this section is two dollars. "Antique
motor vehicle" means any motor vehicle which is more than
twenty-five years old and is owned solely as a collector's item.
"Antique motorcycle" means any motorcycle which is more than
twenty-five years old and is owned solely as a collector's item.

"Classic motor vehicle" means a motor vehicle which is more
than twenty-five years old and is registered pursuant to section
three of this article and is used for general transportation.

"Classic motorcycle" means a motorcycle which is more than
twenty-five years old and is registered pursuant to section three
of this article and is used for general transportation.

(b) Except as otherwise provided in this section, antique
motor vehicles or motorcycles may not be used for general
transportation but may only be used for:

(1) Participation in club activities, exhibits, tours, parades
and similar events;

(2) The purpose of testing their operation, obtaining repairs
or maintenance and transportation to and from events as described
in subdivision (1); and

(3) Recreational purposes over weekends, beginning on Friday
at twelve o'clock noon, and ending on the following Monday at twelve o'clock noon, and on holidays: Provided, That a classic
motor vehicle or a classic motorcycle as defined in this section
may be registered under the applicable class at the applicable
registration fee set forth in section three of this article and may
be used for general transportation.

(c) A West Virginia motor vehicle or motorcycle displaying
license plates of the same year of issue as the model year of the
antique motor vehicle or motorcycle, as authorized in this section,
may be used for general transportation purposes if the following
conditions are met:

(1) The license plate's physical condition has been inspected
and approved by the Division of Motor Vehicles;

(2) The license plate is registered to the specific motor
vehicle or motorcycle by the Division of Motor Vehicles;

(3) The owner of the motor vehicle or motorcycle annually
registers the motor vehicle or motorcycle and pays an annual
registration fee for the motor vehicle or motorcycle equal to that
charged to obtain regular state license plates; and

(4) The motor vehicle or motorcycle passes an annual safety
inspection; and

(5) The motor vehicle or motorcycle displays a sticker
attached to the license plate, issued by the division, indicating
that the motor vehicle or motorcycle may be used for general
transportation.

(d) If more than one request is made for license plates having the same number, the division shall accept only the first
application.

(e) The commissioner may promulgate rules in accordance with
the provisions of chapter twenty-nine-a of this code as may be
necessary or convenient for the carrying out of the provisions of

this section.

WVC 17 A- 10 - 3 B
§17A-10-3b. Motorcycle safety fee.
Upon the annual registration of any motorcycle, the division
shall collect a motorcycle safety fee of six dollars and fifty
cents, in addition to the registration fee specified in section
three of this article. The division shall deposit five dollars and
fifty cents of the motorcycle safety fee into the state treasury
and credit the moneys to the motorcycle safety fund. The division
shall deposit the remaining one dollar of the motorcycle safety fee
into the state treasury and credit the moneys collected to the
motorcycle license examination fund established in section seven-c,
article two, chapter seventeen-b of this code.

WVC 17 A- 10 - 4
§17A-10-4. Registration fees for vehicles equipped with other
than pneumatic tires.
Any vehicle subject to registration hereunder which is
equipped with tires of a type other than pneumatic tires shall
pay double the fee set forth in section three for vehicles of its
class.

WVC 17A-10-5
§17A-10-5. Public service commission assessment must be paid
before vehicle registered; suspension of
registration cards and plates issued to motor carriers; privilege to exchange suspended
registration cards and plates.
The commissioner shall not register any vehicle subject to
economic regulation by the public service commission
unless the
assessment for such vehicle provided for in section six, article
six, chapter twenty-four-a of this code shall have been paid and
notice of such payment shall have been received by the commissioner
in the manner provided by said section.

The commissioner shall suspend any registration card and
registration plate issued by the department under authority of this
section for any vehicle
subject to economic regulation by the
public service commission, pursuant to chapter twenty-four-a of
this code
, upon receiving certification in writing from the public
service commission that said commission has canceled, suspended or
revoked the certificate of convenience and necessity, permit or
other operating authority of the motor carrier to whom or to which
such registration card and registration plate were issued under the
authority provided by the first paragraph of this section:
Provided, That the motor carrier to whom or to which said
registration card and registration plate were issued shall have the
privilege of receiving in exchange for any such suspended
registration card and registration plate a registration card and registration plate for a vehicle of a different class as provided
by section one of article four of this chapter.

WVC 17 A- 10 - 6
§17A-10-6.

Repealed.

Acts, 1969 Reg. Sess., Ch. 114.

WVC 17 A- 10 - 7
§17A-10-7. Reduced fees for portion of year.
The registration fees herein prescribed shall be for the
entire fiscal year: Provided, That where application for such
registration is made between the first day of October and the
thirty-first day of December, inclusive, in any fiscal year, the
charge therefor shall be three quarters of such yearly fee, and
when application for such registration is made between the first
day of January and the thirty-first day of March, inclusive, in
any fiscal year, the charges shall be one half of such yearly
fee, and where application for such registration is made between
the first day of April and the thirtieth day of June, inclusive,
in any fiscal year, the charges shall be one quarter of such
yearly fee.

WVC 17 A- 10 - 8
§17A-10-8. Vehicles exempt from payment of registration fees.
The following specified vehicles shall be exempt from the
payment of any registration fees:

(1) Any vehicle owned or operated by the United States
government, the State of West Virginia or any of their political
subdivisions. The proper representative of the United States
government, the State of West Virginia or any of their political
subdivisions shall make an application for registration for the
vehicle and the registration plate or plates issued for the vehicle
shall be displayed as provided in this chapter;

(2) Any fire vehicle owned or operated by a volunteer fire
department organized for the protection of community property;

(3) Any ambulance or any other emergency rescue vehicle owned
or operated by a nonprofit, charitable organization and used
exclusively for charitable purposes;

(4) Any vehicle owned by a disabled veteran as defined by the
provisions of Public Law 663 of the 79th Congress of the United
States, or Public Law 187 of the 82nd Congress of the United
States, or Public Law 77 of the 90th Congress of the United States;
except for vehicles used for hire which are owned by disabled
veterans;

(5) Not more than one vehicle owned by a veteran with a
hundred percent total and permanent service-connected disability as
certified by the Director of the Department of Veterans' Affairs of
West Virginia and not used for commercial purposes;

(6) Not more than one Class A or Class G vehicle, as defined
in section one of this article, owned by a former prisoner of war
and not used for commercial purposes. For purposes of this
subdivision, the term "prisoner of war" means any member of the
armed forces of the United States, including the United States
Coast Guard and National Guard, who was held by any hostile force
with which the United States was actually engaged in armed conflict
during any period of the incarceration; or any person, military or
civilian, assigned to duty on the U.S.S. Pueblo who was captured by
the military forces of North Korea on the twenty-third day of
January, one thousand nine hundred sixty-eight, and thereafter held
prisoner; except any person who, at any time, voluntarily,
knowingly and without duress, gave aid to or collaborated with or
in any manner served any such hostile force;

(7) Not more than one Class A or Class G vehicle, as defined
in section one of this article, owned by a recipient of the
Congressional Medal of Honor and not used for commercial purposes;
and

(8) Vehicles registered in the name of community action
agencies and used exclusively for a Head Start program.

WVC 17 A- 10 - 9
§17A-10-9. Municipalities and other political subdivisions not to
levy or charge license tax on motor vehicles.
No license tax shall be levied or charged by any
municipality or other political subdivision of the state with
respect to motor vehicles and their operation except as provided
in chapter eight-a, article five, section four, and also in
chapter eight, article four, section twenty-seven of the code of
West Virginia, as amended, but this prohibition shall not prevent
municipalities or other political subdivisions of the state from
assessing and collecting the regular property tax on such motor
vehicle.

WVC 17A-10-10
§17A-10-10. Fees upon transfer of registration and issuance of
certificates of title.
A fee of five dollars shall be paid for a transfer of
registration by an owner from one vehicle to another vehicle of the
same class or for surrender of registration of one vehicle in
exchange for registration of a vehicle of a different class in
addition to the payment of any difference in fees as provided in
section one, article four of this chapter.

A fee of five dollars shall be paid for the transfer of
registration from a deceased person to his legal heir or legatee as
provided in section five, article four of this chapter.

A fee of five dollars shall be paid for the issuance of a
certificate of title.

WVC 17A-10-11
§17A-10-11. Fees for duplicate registration plates, registration
cards and certificates of title.
A fee of five dollars shall be paid for the issuance of
duplicate or substitute registration plates, registration cards or
certificates of title.

WVC 17A-10-12
§17A-10-12. When fees returnable.
Whenever any application to the department is accompanied by
any fee as required by law and such application is refused or
rejected said fee shall be returned to said applicant.

Whenever the department through error collects any fee not
required to be paid hereunder the same shall be refunded to the
person paying the same upon application therefor made within six
months after the date of such payment.

WVC 17A-10-13
§17A-10-13. Payment of fees and passenger seat tax to cities or
towns.
The holders of a certificate of convenience and necessity
authorizing the transportation of property or person for hire
wholly within any incorporated city or town and within its adjacent
suburban area not exceeding three miles distant from the city
boundary shall pay the fees and passenger seat tax provided for in
this article, as to such operation wholly within such city or town
to such city or town instead of to the department of motor
vehicles, provided that any such city or town may collect the fee
or tax for the operation wholly within such city or town in lieu of
but not greater than the fees and taxes provided in this article.

WVC 17A-10-14
§17A-10-14. Registration plate for amateur radio station
operators; fees; rules and forms.
(a) Any owner of a motor vehicle who is a resident of the
state of West Virginia, and who holds an unrevoked and unexpired
official amateur radio station license and/or amateur class
operators' license issued by the federal communications commission,
may apply for a special registration plate for a Class A motor
vehicle which, in lieu of the registration numbers required by this
article, shall be inscribed with the official amateur radio call
letters of the applicant as assigned by the federal communications
commission.

(b) Each application shall be accompanied by proof of
ownership of the amateur radio station license; proof of compliance
with the motor vehicle laws of the state relative to registration
and licensing of motor vehicles; payment of the registration,
license and other fees required by law; and payment of a special
initial application fee in the amount of ten dollars, which is in
addition to all other fees required by law. This special fee shall
be collected by the division and deposited into a special revolving
fund to be used for the purpose of compensating the division of
motor vehicles for additional costs and services required in the
issuing of the licenses.

(c) The commissioner shall promulgate rules in accordance with
the provisions of chapter twenty-nine-a of this code regarding
proper forms to be used in making application for the special
license plates authorized by this section.

WVC 17A-10-15
§17A-10-15. Additional fee for contribution to the highway litter
control fund.
In addition to each fee provided for in this article, an
additional one dollar fee shall be imposed on the issuance of each
certificate of registration and renewal thereof issued pursuant to
article three of this chapter. All money collected under this
section shall be deposited in the state treasury and credited to a
fund to be established within the department of highways, named the
"Highway Litter Control Fund" for litter control maintenance of the
highways. The additional fee provided herein shall be imposed for
each application for such certificate and renewal thereof made on
or after the first day of July, one thousand nine hundred
eighty-eight.

WVC 17 A- 10 - 16
§17A-10-16. Fee for the A. James Manchin Fund.
In addition to each fee provided for in this article, an
additional five-dollar fee shall be imposed on the issuance of each
certificate of title issued pursuant to article three of this
chapter. All money collected under this section shall be deposited
in the State Treasury and credited to the A. James Manchin Fund to
be established within the division of highways for waste tire
remediation in accordance to the provisions of article fifteen-a,
chapter twenty-two of this code. The Commissioner is to work with
the Secretary of the Department of Environmental Protection to
accomplish the goals of said chapter. The additional fee provided
herein shall be imposed for each application for certificate and
renewal thereof made on or after the first day of July, two
thousand: Provided, That no further collections or deposits shall
be made after the Commissioner certifies to the Governor and the
Legislature that the remediation of all waste tire piles that were
determined by the Commissioner to exist on the first day of June,
two thousand one, has been completed.

WVC 17 A- 11 -
ARTICLE 11. PENALTIES.

WVC 17 A- 11 - 1
§17A-11-1. Violations of chapter; penalty for misdemeanor.
It is a misdemeanor for any person to violate any of the
provisions of this chapter unless such violation is by this
chapter or other law of this state declared to be a felony.

Unless another penalty is in this chapter or by the laws of
this state provided, every person convicted of a misdemeanor for
the violation of any provisions of this chapter shall be punished
by a fine of not more than five hundred dollars, or by
imprisonment for not more than six months, or by both such fine
and imprisonment.

WVC 17 A- 11 - 2
§17A-11-2. Penalty for felony.
Any person who is convicted of a violation of any of the
provisions of this chapter herein or by the laws of this state
declared to constitute a felony shall be punished by imprisonment
for not less than one year not more than five years, or by a fine
of not less than five hundred dollars nor more than five thousand
dollars, or by both such fine and imprisonment.

WVC 17 A- 11 - 3
§17A-11-3. Jurisdiction of crimes by justices.
Justices of the peace shall have concurrent jurisdiction
with the circuit, criminal and intermediate courts to enforce the
misdemeanor penalties prescribed by this chapter.

WVC 17 A- 11 - 4
§17A-11-4. Authority of members of official highway department
weighing crews and public service
commission, motor carrier employees.

Employees of the department of highways designated by the
commissioner of highways as weight enforcement officers and
employees of the public service commission designated by the
chairman as motor carrier utility inspectors, shall, during the
course of their normal duties, have concurrent jurisdiction with
police officers in the enforcement of article nine of this chapter.

WVC 17 A- 12 -
ARTICLE 12. SEVERABILITY AND EFFECT OF CHAPTER.

WVC 17 A- 12 - 1
§17A-12-1. Severability.
If any part or parts of this chapter shall be held to be
unconstitutional or invalid such unconstitutionality or
invalidity shall not affect the constitutionality or validity of
the remaining part or parts of this chapter. The Legislature
hereby declares that it would have passed the remaining part or
parts of this chapter if it had known that such part or parts
thereof would be declared unconstitutional or invalid.

WVC 17 A- 12 - 2
§17A-12-2. Repeal of inconsistent provisions.
The provisions of any acts or parts of acts, or of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, which are inconsistent with the provisions of this
chapter, are hereby repealed to the extent of such inconsistency.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.